Appellate Division: Second Judicial Department

M203604

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2014-05648 Daljit Kumar, appellant, v Sunita Chander, respondent. (Index No. 19982/07)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, "to reconstruct" the court file on an appeal from a judgment of the Supreme Court, Kings County, entered April 8, 2014, and in effect, for leave to serve and file a supplemental appendix. Separate motion by the respondent to enlarge the time to serve and file a brief.

Upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellant's motion is granted to the extent that on or before February 22, 2016, the appellant shall (1) settle and file the trial transcripts, (2) file the relevant trial exhibits (see 22 NYCRR 670.9[b][3]), and (3) serve and file a supplemental appendix so that the appendix and supplemental appendix together "contain those portions of the record necessary to permit the [C]ourt to fully consider the issues which will be raised," including, but not limited to, material excerpts from transcripts of testimony" and "copies of critical exhibits," and the motion is otherwise denied; failure to comply with this decision and order on motion will result in dismissal of the appeal; and it is further,

ORDERED that the respondent's motion is granted, the respondent's time to serve and file a brief is enlarged until March 21, 2016, and the respondent's brief, if any, must be served and filed on or before that date.

RIVERA, J.P., BALKIN, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court