Appellate Division: Second Judicial Department

M161347

S/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2012-04554 Claudia Deshuk-Flores, respondent, v Jose A. Flores, appellant. (Index No. 201508/06)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a decision of the Supreme Court, Nassau County, dated December 20, 2011, to dismiss the appeal on the grounds that the appellant's appendix contains an altered document, that the appendix is inadequate, and that the appellant raises issues in his brief which are not properly before this Court, or, in the alternative, to enlarge her 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 the notice of appeal from the decision dated December 20, 2011, is deemed to be a premature notice of appeal from a judgment of the same court dated April 20, 2013 (see CPLR 5520[c]); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the grounds that the appellant's appendix contains an altered document and that the appendix is inadequate is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant raises issues in his brief that are not properly before this Court is denied without prejudice to the respondent raising this issue in her brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondent's brief is granted, the respondent's time to serve and file a brief is enlarged until September 27, 2013, and the respondent's brief shall be served and filed on or before that date.

SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court