Appellate Division: Second Judicial Department

M200681

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

COLLEEN D. DUFFY, 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 on an appeal and cross appeals from a judgment of the Supreme Court, Kings County, dated April 8, 2013, to enlarge the time to perfect the appeal, and, in effect, to omit certain trial exhibits from the record. By decision and order on motion dated January 14, 2015, this Court remitted the matter to the Supreme Court, Kings County, to reconstruct the missing trial exhibits in the above-entitled case, and the motion was held in abeyance in the interim. The Supreme Court, Kings County, has filed a report indicating that the trial exhibits were reconstructed.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Kings County, dated June 22, 2015, 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 November 30, 2015, and the joint record or appendix on the appeal and cross appeals (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 motion is otherwise denied.

DILLON, J.P., DICKERSON, CHAMBERS and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court