| Shifer v Shifer |
| Motion No: 2013-05431 |
| Slip Opinion No: 2016 NY Slip Op 78103(U) |
| Decided on June 28, 2016 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M213920
E/afa
L. PRISCILLA HALL, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
JOSEPH J. MALTESE, JJ.
|
2013-05431 Pearl Shifer, appellant-respondent, v David Shifer, etc., et al., respondents-appellants, et al., defendant. (Index No. 1434/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeals from a judgment of the Supreme Court, Kings County, dated April 8, 2013, inter alia, to direct the respondent-appellant David Shifer to pay his share of the cost of the joint appendix and the transcripts, to strike the appendix and brief filed by the respondent-appellant David Shifer on the ground that they do not comply with the rules of this Court and contain or refer to matter dehors the record, and to enlarge the time to serve and file a reply brief.
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 to direct the respondent-appellant David Shifer to pay his share of the cost of the joint appendix and the transcripts is granted, and on or before August 11, 2016, the respondent-appellant David Shifer shall pay his share of the cost of the joint appendix and the transcripts and file proof of payment with this Court; and it is further,
ORDERED that the branch of the motion which is to strike the appendix and brief filed by the respondent-appellant David Shifer on the ground that they do not comply with the rules of this Court and contain or refer to matter dehors the record is granted, and on or before August 11, 2016, the respondent-appellant David Shifer shall serve and file a replacement appendix and replacement brief that complies with the rules of this Court (see 22 NYCRR 670.10.2; 22 NYCRR 670.10.3), and do not contain or refer to matter dehors the record; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant-respondent's time to serve and file a reply brief is enlarged until September 12, 2016, and the appellant-respondent's reply brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
HALL, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court