Appellate Division: Second Judicial Department

M210564

E/sl

L. PRISCILLA HALL, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2015-08353, 2015-08356, 2015-08357, 2015-09076, 2015-09077, 2015-09078 Sheila Bottini, appellant, v Anthony R. Bottini, Jr., respondent. (Index No. 3222/11)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from six orders of the Supreme Court, Dutchess County, dated February 23, 2015, April 27, 2015, May 28, 2015, May 29, 2015, June 8, 2015, and June 29, 2015, respectively, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Cross motion by the respondent to strike stated portions of the appellant's appendix and the appellant's brief on the ground that they contain or refer to matter dehors the record, in effect, to direct the appellant to serve and file a supplemental appendix containing certain material, and to enlarge the time to serve and file a brief. Application by the respondent 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 cross motion, and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the cross motion which is to strike stated portions of the appellant's appendix is granted, pages A1795 through 1812, A1839 through 1845, A1856, A1857, A3135, and A3136 are stricken, and on or before May 27, 2016, the appellant shall remove those pages from the copies of the appellant's appendix filed with the Clerk of the Court; and it is further,

ORDERED that the branch of the cross motion which is to strike the appellant's brief is denied without prejudice to making a motion, upon proper papers, specifically identifying the portions of the appellant's brief that the respondent contends refer to matter dehors the record; and it is further,

ORDERED that the branch of the cross motion which is, in effect, to direct the appellant to serve and file a supplemental appendix containing certain material is granted to the extent that on or before May 27, 2016, the appellant shall serve and file a supplemental appendix containing the papers filed by the respondent in connection with the motions that resulted in the order on appeal, and that branch of the cross motion is otherwise denied without prejudice to the respondent filing a respondent's appendix; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the respondent's time to serve and file a brief and the application for that relief are granted, the respondent's time to serve and file a brief is enlarged until June 27, 2016, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is denied with leave to renew by a motion made simultaneously with the filing of the supplemental appendix.

HALL, J.P., ROMAN, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court