Appellate Division: Second Judicial Department

M186170

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

SHERI S. ROMAN

BETSY BARROS, JJ.

2013-09183 Stephen Lueker, appellant, v Donna Dewitt Lueker, respondent. (Index No. 029138/05)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to strike the respondent's replacement brief, or stated portions of the replacement brief, on an appeal from an order of the Supreme Court, Kings County, dated July 19, 2013, on the ground that the replacement brief refers to matter dehors the record, to enlarge the record to include certain material, and to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to strike the respondent's replacement brief, or stated portions of the replacement brief, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until February 17, 2015, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., RIVERA, ROMAN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court