Alayoff v Alayoff
Motion No: 2011-07551
Slip Opinion No: 2012 NY Slip Op 77984(U)
Decided on July 5, 2012
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M140152

E/ct

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2011-07551, 2011-09318

Sheereeann Alayoff, respondent,

v Abraham Alayoff, appellant.

(Index No. 28546/10)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Queens County, entered July 6, 2011, and September 21, 2011, respectively, on the ground that the record is inadequate, to enlarge the time to serve and file a brief, and for an award of costs.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeals is granted to the extent that on or before July 24, 2012, the appellant shall serve and file a supplemental record containing Exhibits D through O attached to the respondent's motion papers, remove page 198 from the copies of the record filed with the Clerk of the Court, and replace that document with a legible copy of that document; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted and the respondent's time to serve and file a brief is enlarged until August 23, 2012, 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.

ANGIOLILLO, J.P., DICKERSON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court