Appellate Division: Second Judicial Department

M201158

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2015-00116 John G. Juliano, respondent, v Kelly Ann Juliano, appellant. (Index No. 50920/12)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, dated September 15, 2014, to direct the respondent's trial counsel to provide the trial exhibits within counsel's possession available for photocopying, in effect, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of those exhibits, to enlarge the time to perfect the appeal, and for leave to serve the respondent pro se with the appellant's brief and appendix.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to direct the respondent's trial counsel to provide the trial exhibits within counsel's possession available for photocopying and, in effect, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of those exhibits are granted, and on or before December 31, 2015, the respondent's trial counsel shall make the trial exhibits within counsel's possession available for photocopying; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until February 1, 2016, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is for leave to serve the respondent pro se with the appellant's brief and appendix is denied as unnecessary as the respondent is not represented by counsel.

ENG, P.J., BALKIN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court