Mials v Millington
Motion No: 2014-11969
Slip Opinion No: 2015 NY Slip Op 92380(U)
Decided on December 3, 2015
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M200982

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2014-11969

Ilene Mials, et al., respondents,

v Leila Doreen Millington, defendant,

Zsa Zsa Z. Millington Harewood,

et al., appellants,

(Index No. 17567/12)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss appeals from an order of the Supreme Court, Kings County, dated November 19, 2014, on the ground that the appellants' joint appendix is inadequate and the appellants' briefs improperly raise arguments for the first time on appeal. Application by the respondents 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, it is

ORDERED that the branch of the motion which is to dismiss the appeals on the ground that the appellants' joint appendix is inadequate is denied on condition that on or before January 4, 2016, the appellants serve and file a supplemental joint appendix containing the respondents' notice of cross motion and affirmation in support of the cross motion, and any attached exhibits which are necessary to permit the Court to review the issues, as well as the respondents' affirmation in opposition to the appellants' motion, and any attached exhibits which necessary to permit the Court to review the issues; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeals on the ground that the appellants' briefs improperly raise arguments for the first time on appeal is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged until February 3, 2016, and the respondents' brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court