Appellate Division: Second Judicial Department

M252366

E/mm

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

JOSEPH J. MALTESE, JJ.

2016-02329, 2016-07969 K. A. K. (Anonymous), respondent-appellant, v G. B. K. (Anonymous), appellant-respondent. (Index No. 4893/11)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant for leave to serve and file a replacement supplemental brief on an appeal from a decision and order (one paper) of the Supreme Court, Westchester County, dated February 29, 2016, and an appeal and cross appeal from a judgment of the same court entered August 5, 2016, and to enlarge the time to serve and file a supplemental reply brief. Separate motion by the appellant-respondent to strike stated portions of the respondent-appellant's brief, for an award of costs, to impose a sanction upon the respondent-appellant and the respondent-appellant's counsel, and to enlarge the time to serve and file a supplemental reply brief.

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

ORDERED that the branch of the respondent-appellant's motion which is for leave to serve and file a replacement supplemental brief is denied; and it is further,

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

ORDERED that the branch of the appellant-respondent's motion which is to enlarge the time to serve and file a supplemental reply brief is granted, the appellant-respondent's time to serve and file a supplemental reply brief is enlarged until August 13, 2018, and the appellant-respondent's supplemental reply brief shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the respondent-appellant's motion which is to enlarge the time to serve and file a supplemental reply brief is granted, the respondent-appellant's time to serve and file a supplemental reply brief is enlarged until August 28, 2018, and the respondent-appellant's supplemental reply brief shall be served and filed on or before that date; and it is further,

ORDERED that the appellant-respondent's motion is otherwise denied.

BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court