Appellate Division: Second Judicial Department

M190629

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-07115 In the Matter of Norman M. Rosner, appellant, v Christine L. Rosner, respondent. (Index No. 522/08)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, dated June 26, 2014, to direct the appellant to correct the table of contents of the record on appeal and to serve and file a supplemental record, to strike stated portions of the record and the appellant's brief on the ground that they contain or refer to matter dehors the record, to direct the appellant to settle the transcript, to enlarge her time to serve and file a brief, for an award of costs, and to impose a sanction upon the appellant. 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 motion is granted to the extent that the record and the appellant's brief are stricken, and on or before June 15, 2015, the appellant shall serve and file a replacement record that contains only the papers submitted to the Supreme Court, Westchester County, that resulted in the order dated June 26, 2014, the settled transcript of the hearing, as well as all exhibits entered into evidence at that hearing, and a replacement brief that does not refer to matter dehors the record, and the motion is otherwise denied; and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 15, 2015.

BALKIN, J.P., ROMAN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court