Appellate Division: Second Judicial Department

M155898

E/ct

DANIEL D. ANGIOLILLO, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2012-02281, 2012-02282, 2012-08205 Debra Weissman, appellant, v Ronald H. Weissman, etc., et al., respondents. (Index No. 10-24298)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, dated February 6, 2012, and February 24, 2012, respectively, and an order and judgment (one paper) of the same court dated July 9, 2012, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Separate motion by the respondents to strike the appellant's appendix and the appellant's brief on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a brief.

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

ORDERED that the respondents' motion is granted, the appellant's appendix and the appellant's brief are stricken, and on or before June 6, 2013, the appellant shall serve and file a replacement appendix and a replacement brief that contains or refers only to the papers filed with the Supreme Court, Westchester County, in connection with the two orders and the order and judgment on appeal; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until July 8, 2013, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that appellant's motion is denied with leave to renew upon filing the appellant's replacement appendix.

ANGIOLILLO, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court