Appellate Division: Second Judicial Department

M205112

E/ct

REINALDO E. RIVERA, J.P.

MARK C. DILLON

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2014-06569 Virginia Aloi, appellant, v Thomas Aloi, Sr., respondent. (Index No. 50328/11)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Richmond County, dated April 17, 2014, inter alia, in effect, for a reconstruction hearing with respect to the trial exhibits and post-trial memorandum of law, for leave to include the certified transcript of the proceedings in the appellant's appendix, and to enlarge the time to perfect the appeal.

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, in effect, for a reconstruction hearing with respect to the trial exhibits is granted, and the matter is is remitted to the Supreme Court, Richmond County, for a reconstruction hearing as to the trial exhibits and to report whether the trial exhibits can be reconstructed. The Supreme Court, Richmond County, shall file its report with all convenient speed; and it is further,

ORDERED that the branch of the motion which is for leave to include the certified transcript of the proceedings in the appellant's appendix is denied as unnecessary (see CPLR 5525); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment is granted, and the appeal shall be perfected within 60 days after the Supreme Court issues its report; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., DILLON, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court