Appellate Division: Second Judicial Department

M189262

S/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2014-02680 Lori Josephs Leibowitz, appellant, v David Leibowitz, respondent. (Index No. 13965/10)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Westchester County, dated December 16, 2013, for leave to serve and file a supplemental record containing a letter dated November 18, 2013, submitted by the respondent to the Supreme Court. Cross motion by the appellant, inter alia, for leave to serve and file a supplemental record containing a letter dated November 6, 2013, submitted by the appellant to the Supreme Court, and to enlarge the time to serve and file a reply brief. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, and upon the papers submitted in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the motion and the branch of the cross motion which are for leave to serve and file a supplemental record are granted and on or before April 10, 2015, the parties shall serve and file a supplemental record containing the letters dated November 6, 2013, and November 18, 2013; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a reply brief and the application for that relief are granted, the appellant's time to serve and file a reply brief is enlarged until April 17, 2015, and the reply brief shall be served and filed on or before that date; and it is further,ORDERED that the cross motion is otherwise denied.

SKELOS, J.P., BALKIN, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court