Appellate Division: Second Judicial Department

M167722

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX, JJ.

2013-05422 Hubert Anthony Rechais, appellant, v Marjorie Maxine McGivans, respondent. (Index No. 12-64101)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated April 4, 2013, on the ground that the record is inadequate, or, in the alternative, to enlarge the time to serve and file a brief on an appeal. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before February 10, 2014, the appellant shall serve and file a supplemental record containing the following documents:

(1) the pleadings attached as an exhibit to the appellant's motion that was determined by the order dated April 4, 2013;

(2) missing portions of Exhibit D, as well as Exhibits E, F, and G, which were annexed to the respondent's cross motion that was determined by the order dated April 4, 2013;

(3) the exhibits annexed to the appellant's affidavit in opposition to the cross motion; and

(4) all exhibits annexed to the respondent's reply affidavit in support of the cross motion; 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 on an appeal and the application for that relief are granted, the respondent's time to serve and file a brief is enlarged until March 18, 2014, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., BALKIN, LEVENTHAL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court