Appellate Division: Second Judicial Department

M240854

E/ct

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2015-08053, 2015-11516 Laura Maddaloni, respondent, v Luigi "Lou" Maddaloni, appellant. (Index No. 8359/11)

DECISION & ORDER ON MOTION

2016-11785

Laura Maddaloni, respondent,

v Luigi Maddaloni, appellant.

(Index No. 8359/11)

Motion by the respondent to strike Points I, II, and III of the appellant's brief on an appeal from an order of the Supreme Court, Suffolk County, dated September 6, 2016, and to enlarge the time to serve and file a brief. Cross motion by the appellant to consolidate the appeal from the order dated September 6, 2016, with appeals from two orders of the same court dated May 26, 2015, and September 22, 2015, respectively.

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 strike Points I, II, and III of the appellant's brief is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief in connection with the appeal from the order dated September 6, 2016, is granted, the respondent's time to serve and file a brief is enlarged until January 18, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated September 6, 2016, will be calendared together with the appeals from the orders dated May 26, 2015, and September 22, 2015, and the appeals will be argued or submitted on the same date.

CHAMBERS, J.P., COHEN, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court