Appellate Division: Second Judicial Department

M158806

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2012-03959 Debra Ayer Harris, appellant, v Kevin James Harris, respondent. (Index No. 2664/07)

DECISION & ORDER ON MOTION

Appeal by Debra Ayer Harris from an interlocutory judgment of the Supreme Court, Kings County, dated March 13, 2012. By order to show cause dated March 14, 2013, inter alia, the branch of the respondent's motion which was to enlarge the record was denied and the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from so much of the order as pertains to visitation on the ground that it has been rendered academic by a subsequent stipulation on the issue of visitation entered into between the parties on November 7, 2012.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, so much of the order to show cause March 14, 2013, as denied the branch of the motion which was to enlarge the record is recalled and vacated, that branch of the motion is granted, and on or before July 22, 2013, the respondent shall serve and file a supplemental record containing the transcript of the minutes of the proceedings which occurred on November 7, 2012; and it is further,

ORDERED that pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]), the time of the respondent and the attorney for the children to serve and file their respective briefs is enlarged until August 21, 2013, and the briefs must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court