Appellate Division: Second Judicial Department

M216581

E/sl/ct

MARK C. DILLON, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON, JJ.

2014-05648 Daljit Kumar, appellant, v Sunita Chander, respondent. (Index No. 19982/07)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike the appellant's appendix and brief and the appellant's supplemental appendix on an appeal from a judgment of the Supreme Court, Kings County, entered April 8, 2014, and to enlarge the time to serve and file a brief. Cross motion by the appellant for leave to correct the appellant's appendix and brief and the appellant's supplemental appendix.

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

ORDERED that the branch of the respondent's motion which is to strike the appellant's appendix and brief and the appellant's supplemental appendix is granted, and on or before September 19, 2016, the appellant shall serve and file (1) a replacement appendix that complies with the rules of this Court (see 22 NYCRR 670.10.2), contains legible copies of the material on pages 270 through 308 of the supplemental appendix, and contains page headings in compliance with CPLR 5529(c), and (2) a replacement brief that contains references to the material in the appellant's replacement appendix, where appropriate; and it is further,

ORDERED that the branch of the respondent's motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until October 24, 2016, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent's motion is otherwise denied; and it is further,

 ORDERED that the appellant's cross motion is granted to the extent set forth above and is otherwise denied.

DILLON, J.P., ROMAN, COHEN and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court