| Alper v Alper |
| Motion No: 2009-02599 |
| Slip Opinion No: 2010 NY Slip Op 63550(U) |
| Decided on February 18, 2010 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M98751
E/sl
STEVEN W. FISHER, J.P.
FRED T. SANTUCCI
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2009-02599 Nancy Alper, appellant, v Robert Alper, respondent. (Index No. 13841/06)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated December 23, 2008, for failure to settle the trial transcript, or, in the alternative, to direct the appellant to settle the trial transcript, to strike stated portions of the appellant's appendix, and to enlarge the time to serve and file a 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 direct the appellant to settle the trial transcript is granted, and (1) on or before March 22, 2010, the appellant is directed to (a) properly settle the trial transcript in accordance with CPLR 5525 and (b) either (i) serve and file a replacement appendix containing a copy of the properly-settled transcript, or (ii) serve and file a supplemental appendix containing a copy of the properly settled transcript and remove from the original appendix those pages containing the unsettled trial transcript, or (iii) serve and file an affirmation in accordance with the provisions of CPLR 5525(c)(2) in the event that there are no proposed amendments or objections to the transcript, or (2), if the parties cannot agree on any proposed changes to the transcripts, the appellant shall make a motion to settle the transcripts in the Supreme Court, Kings County, on or before March 22, 2010, and shall notify this court accordingly; 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 April 21, 2010, and 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.
FISHER, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court