Appellate Division: Second Judicial Department

M214023

E/afa

MARK C. DILLON, J.P.

JEFFREY A. COHEN

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2015-05114, 2016-04780 Stephanie Greenberg, respondent, v Daniel Greenberg, appellant. (Index No. 202158/09)

DECISION & ORDER ON MOTION

Motion by the respondent to compel the appellant to serve and file a supplemental appendix containing certain material on appeals from an order of the Supreme Court, Nassau County, entered November 20, 2014, and an amended judgment of the same Court entered February 6, 2015, or, in the alternative, to dismiss the appeals on the ground that the appellant's appendix is inadequate, and to impose a sanction upon the appellant. 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 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 motion is granted to the extent that, on or before July 20, 2016, the appellant shall serve and file a supplemental appendix containing the respondent's posttrial memorandum of law dated September 5, 2014, and all trial exhibits referred to therein, and the motion is otherwise denied, without prejudice to the respondent serving and filing a supplemental appendix, if she be so advised; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until August 22, 2016, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., COHEN, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court