Appellate Division: Second Judicial Department

M219111

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2016-00601 Corinne Ciringione, respondent, v John Ryan, et al., appellants. (Index No. 1386/08)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Putnam County, dated December 10, 2015, on the grounds, in effect, that the record contains copies of exhibits with handwritten notations and that certain exhibits were omitted from the record, or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground, in effect, that the record contains copies of exhibits with handwritten notations is denied with leave to renew on or before November 18, 2016, upon proper papers specifying the exhibits which the respondent claims are improper; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that certain exhibits were omitted from the record is denied on condition that on or before December 30, 2016, the appellant shall serve and file a supplemental record containing trial exhibits 2A, 2A-1, 12, 12A, 12B, 13A, 13B, 13C, and 13D; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until January 30, 2017, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court