Appellate Division: Second Judicial Department

M181237

E/ct

RANDALL T. ENG, P.J.

SANDRA L. SGROI

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-02841 Panayiota Perdios, appellant, v Demetrios Perdios, respondent. (Index No. 34229/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered November 18, 2013, on the ground that the appellant's appendix is inadequate, or to direct the appellant to serve and file a replacement appendix 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; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to serve and file a replacement appendix is denied without prejudice to the respondent serving and filing an appendix; 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 November 14, 2014, and the respondent's brief must be served and filed on or before that date.

ENG, P.J., SGROI, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court