Appellate Division: Second Judicial Department

M134621

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

JEFFREY A. COHEN, JJ.

2010-10077 Maria Dolores Domino, respondent, v Geronimo Domino, defendant-appellant; Howard Dean, nonparty-appellant. (Index No. 03-4366)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated July 22, 2010, on the ground that the appellants' appendix is inadequate, 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 on the Court's own motion, on or before March 27, 2012, the respondent's counsel shall furnish copies of all trial exhibits in his possession to the appellant's counsel; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied; on or before April 26, 2012, the appellant shall either (1) file all remaining trial exhibits with the Clerk of the Court, or file a stipulation limiting the exhibits to be filed and filing the exhibits not covered by the stipulation, or (2) make a motion in the Supreme Court, Westchester County, to reconstruct the missing exhibits and notify this Court expeditiously when the reconstruction has been completed; 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 29, 2012, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., ANGIOLILLO, BELEN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court