Appellate Division: Second Judicial Department

M166910

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2013-04359 In the Matter of Raisie Goldberg, respondent, v Shumel Z. B. Goldberg, appellant. (Index No. 26544/11)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated September 12, 2012, on the ground that the record is inadequate and contains matter dehors the record, or, in the alternative, in effect, to direct the appellant to correct the record and to enlarge her time to serve and file a brief. Cross motion by the appellant for leave to correct the record.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, to direct the appellant to correct the record and the cross motion are granted, and on or before January 6, 2014, the appellant shall remove pages 165 through 167 from the copies of the record filed with the Clerk of the Court, and serve and file a supplemental record containing the affirmation of Abe H. Konstam dated March 5, 2012, and affirmation of Rabbi Yosef Perlman also dated March 5, 2012; 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 February 6, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., ANGIOLILLO, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court