Appellate Division: Second Judicial Department

M208213

E/ct

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2015-06970, 2015-08820 Maxine J. Alleyne, respondent, v Erwin E. Grant, appellant. (Index No. 49501/00)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from an order of the Supreme Court, Kings County, dated May 27, 2015, and a judgment of the same court dated July 7, 2015, on the ground that copies of the appellant's brief that were served and filed were missing pages 28 through 31, to direct the appellant to serve and file a replacement brief that contains the missing pages, and to enlarge the time to serve and file a respondent's brief. Cross motion by the appellant for leave to serve and file a replacement brief that contains the missing pages.

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

ORDERED that the branch of the motion which is to direct the appellant to serve and file a replacement brief that contains the missing pages and the cross motion are granted, and the appellant shall serve and file a replacement brief containing the missing pages on or before April 1, 2016; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until May 2, 2016, the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., SGROI, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court