Appellate Division: Second Judicial Department

M188800

E/sl

PETER B. SKELOS, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2014-04452 In the Matter of Paul Denkewitz, respondent, v Kerrie Sundara, appellant. (Docket No. O-3455-14)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Family Court, Suffolk County, dated March 25, 2014, to strike the transcript filed by the appellant on the ground that it omits page 52, to strike the appellant's brief on the ground that it does not comply with the rules of this Court, to enlarge his time to serve and file a brief, to impose a sanction upon the appellant and for an award of costs.

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 strike the transcript is denied on condition that the appellant insert page 52 in the copy of the transcript filed with the Clerk of the Court on or before April 10, 2015; and it is further,

ORDERED that the branch of the motion which is to strike the appellant's brief is granted, the appellant's brief is stricken, and on or before April 10, 2015, the appellant shall serve and file a replacement brief that contains citations to relevant pages of the transcript (see 22 NYCRR 670.10.2[g][2][iv]; 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 May 11, 2015, 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.

SKELOS, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court