Appellate Division: Second Judicial Department

M207239

E/ct

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

THOMAS A. DICKERSON, 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, to direct that a "negative inference" be taken for the failure to produce those exhibits, and to enlarge the time to perfect the appeal.

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 branch of the motion which is to direct the respondent's trial counsel to provide the trial exhibits within counsel's possession is denied without prejudice to making a motion in the Supreme Court, Kings County, for a hearing to reconstruct the missing trial exhibits; and it is further,

ORDERED that the branch of the motion which is to direct that a "negative inference" be taken for the failure to produce those exhibits is denied; 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 March 31, 2016, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court