Appellate Division: Second Judicial Department

M221752

U/sl

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

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. By decision and order on motion of this Court dated August 24, 2016, the branch of the appellant's motion which was, in effect, for a reconstruction hearing was granted, the matter was remitted to the Supreme Court, Nassau County, for a reconstruction hearing, and the branch of the appellant's motion which was to extend the time to comply with so much of a decision and order on motion of this Court dated June 29, 2016, as directed him to 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 by a date certain was held in abeyance in the interim. By stipulation dated November 9, 2016, which was so ordered by the Supreme Court, Nassau County, the parties stipulated that, inter alia, the appellant has secured the respondent's posttrial memorandum of law dated September 5, 2014, and all trial exhibits referred to therein.

Upon the stipulation of the parties dated November 9, 2016, it is

ORDERED that on the Court's own motion, so much of the decision and order on motion of this Court dated August 24, 2016, as granted the branch of the appellant's motion which was, in effect, for a reconstruction hearing and remitted the matter to the Supreme Court, Nassau County, for a reconstruction hearing is recalled and vacated, and that branch of the motion is denied; and it is further,

ORDERED that the branch of the appellant's motion which was to extend the time to comply with so much of a decision and order on motion of this Court dated June 29, 2016, as directed the appellant to 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 by a date certain is granted; and it is further,

ORDERED that the appellant's time to comply with so much of the decision and order on motion of this Court dated June 29, 2016, as directed the appellant to 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, is extended until December 22, 2016, and the appellant's supplemental appendix 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