Appellate Division: Second Judicial Department

M135234

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2011-04560, 2011-06274, 2011-09801, 2012-02281, 2012-02282 Debra Weissman, appellant, v Ronald H. Weissman, etc., et al., respondents. (Index No. 10-24298)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss appeals from three orders of the Supreme Court, Westchester County, dated March 31, 2011, June 10, 2011, and September 1, 2011, respectively, on the grounds that the appellant's appendix is inadequate and contains matter dehors the record and that the appellant does not raise any issues in her brief concerning the appeals from the orders dated June10, 2011, and September 1, 2011, to impose a sanction upon the appellant, for an award of costs, and to enlarge the time to serve and file a brief. Cross motion by the appellant, inter alia, for an award of costs and to impose a sanction upon the respondent Joseph R. Miano. Separate motion by the appellant on appeals from two orders of the same court entered February 6, 2012, and February 24, 2012, respectively, to stay enforcement of the order entered February 6, 2012, pending hearing and determination of the appeal from the order dated March 31, 2011, and for a preference in the calendaring of the appeal from the order dated March 31, 2011.

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

ORDERED that the branches of the respondents' motion which are to dismiss the appeals from the orders dated June 10, 2011, and September 1, 2011 (Appellate Division Docket Nos. 2011-06274, 2011-09801), to impose a sanction upon the appellant, and for an award of costs are held in abeyance and referred to the panel of Justices hearing the appeals from those orders and the appeal from the order dated March 31, 2011 (Appellate Division Docket No. 2011-04560), for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the respondents' motion which is to dismiss the appeals from the orders dated March 31, 2011, June 10, 2011, and September 1, 2011, on the ground that the appellant's appendix is inadequate and contains matter dehors the record is denied on condition that on or before May 7, 2012, the appellant serve and file a supplemental appendix containing the papers submitted to the Supreme Court, Westchester County, concerning the motion and the application that resulted in the orders dated June 10, 2011, and September 1, 2011 (Appellate Division Docket Nos. 2011-06274, 2011-09801), and remove pages 989 through 1045 from the copies of the appellant's appendix filed with the Clerk of the Court or serve and file a replacement appendix that contains all papers necessary to consider the questions raised on the appeals (see CPLR 5528[a][5]; 22 NYCRR 670.10.2[c][v]) and does not contain the material on pages 989 through 1045 of the appellant's original appendix; and it is further,

ORDERED that the branch of the respondents' motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until June 6, 2012, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents' motion is otherwise denied; and it is further,

ORDERED that the appellant's cross motion and separate motion are denied.

DILLON, J.P., DICKERSON, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court