Appellate Division: Second Judicial Department

M178827

E/sl

PLUMMER E. LOTT, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2013-05431 Pearl Shifer, appellant-respondent, v David Shifer, etc., et al., respondents-appellants, et al., defendant. (Index No. 1434/04)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent, inter alia, to enlarge the time to perfect an appeal and cross appeals from a judgment of the Supreme Court, Kings County, dated April 8, 2013, and to direct the respondents-appellants to provide her with certain trial exhibits.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant-respondent's time to perfect the appeal is enlarged until October 21, 2014, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering briefs, including the points of argument on the cross appeals, in accordance with the rules of this Court (see, 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the branch of the motion which is to direct the respondents-appellants to provide the appellant-respondent with certain trial exhibits is denied in light of the respondents-appellants' representation that they do not have the subject exhibits, without prejudice to the parties' stipulating to omit those trial exhibits from the record on appeal (see 22 NYCRR 670.10.2[b][6]), or making a motion to reconstruct the trial exhibits; and it is further,

 ORDERED that the motion is otherwise denied.

LOTT, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court