| Hanau v Cohen |
| Motion No: 2012-04067 |
| Slip Opinion No: 2013 NY Slip Op 83509(U) |
| Decided on August 27, 2013 |
| 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. |
Appellate Division: Second Judicial Department
M161373
S/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2012-04067, 2013-03936 Ilana Hanau, appellant, v Mark Cohen, respondent. (Index No. 50718/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Kings County, dated January 5, 2012, and January 30, 2013, respectively, to dismiss the appeals on the ground that the record contains material dehors the record, the record is not complete, and that the appellant failed to settle the transcripts contained in the record, or, in the alternative, to enlarge the 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 pages 100 through 127 of the record are stricken as the transcripts contained on those pages are not properly part of the record on the appeals (see CPLR 5525; 5526), and on or before September 12, 2013, the appellant shall remove those pages from the copies of the record on file with the Clerk of this Court, or serve and file a replacement record that does not contain that material; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeals on the ground that the record contains material dehors the record is granted to the extent that an on or before September 12, 2013, the appellant shall remove pages 139 through 145 from the copies of the record on file with the Clerk of this Court or serve and file a replacement record that does not contain those pages, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant failed to settle the transcripts contained in the record is denied as academic; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the record is incomplete is denied; and it is further,
ORDERED that the branch of the motion which to enlarge the time to serve and file a respondent's brief is granted, and the respondent's time to serve and file a brief is enlarged until October 7, 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