Appellate Division: Second Judicial Department

M165230

E/ct

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2013-00416 Helen Renck, respondent, v Gary Renck, appellant. (Index No. 07-7478)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated November 1, 2012, on the ground that the appellant's appendix is inadequate, or in the alternative, to strike Points I and XI of the appellant's brief on the ground that they raise issues that are not properly before this Court and 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 the branch of the motion which is to dismiss the appeal is denied on the condition that on or before December 16, 2013, the appellant serves and files a supplemental appendix containing the papers filed in the Supreme Court, Westchester County, in connection with his motion for leave to renew and reargue and the properly settled transcripts of any proceedings for which transcripts were not included in the original appendix; in the event that transcripts of any proceedings cannot be transcribed, the appellant shall make a motion or before December 16, 2013, for a reconstruction hearing with respect to those proceedings; and it is further,

ORDERED that the branch of the motion which is to strike Points I and XI of the appellant's brief 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 the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until January 15, 2014, and the respondent's brief must be served and filed on or before that date, without prejudice to seeking a further extension in the event that the appellant moves for a reconstruction hearing; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., DILLON, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court