Appellate Division: Second Judicial Department

M215118

E/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2015-12005 Henriette Louzoun, appellant, v Joseph Montalto, respondent. (Index No. 203149/05)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated October 21, 2015, in effect, on the grounds that the record on appeal contains matter dehors the record and for failure to properly settle the transcripts contained in the record on appeal, or, in the alternative, to strike the memorandum of law on pages R557 through R577 of the record on appeal, for the Court to take judicial notice of a decision and order of this Court dated May 4, 2016, in an action entitled Louzoun v Kroll Moss and Kroll, LLP, and to enlarge the time to serve and file a brief. Cross motion by the appellant to enlarge the record to include certain documents.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the matter is remitted to the Supreme Court, Nassau County, to report on whether that court considered the transcripts of proceedings which occurred on April 2, 2014, April 3, 2014, and April 4, 2014, in a proceeding entitled Matter of Montaldo v Louzoun, commenced in the Family Court, Nassau County, under Docket No. F-1931-11, contained on pages R656 through R1107 of the record on appeal and excerpts of transcripts of the proceedings in that matter which occurred on April 2, 2014, and April 4, 2014, contained on pages R1108 through R1289 of the record on appeal; the Supreme Court, Nassau County, shall file its report with all convenient speed; and it is further,

ORDERED that the motion and the cross motion are held in abeyance in the interim.

ENG, P.J., DICKERSON, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court