Appellate Division: Second Judicial Department

M222507

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

BETSY BARROS, JJ.

2015-11417 Kenneth Moxey, appellant, v Jennifer G. Payne, et al., respondents. (Index No. 5761/15)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered October 2, 2015, and in effect, to enlarge the record to include a certain report dated September 16, 2016. Separate motion by the appellant to disqualify the respondents' counsel.

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 enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until January 4, 2017, the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the record to include a certain report dated September 16, 2016, is denied; and it is further,

ORDERED that the motion to disqualify the respondents' counsel is denied.

CHAMBERS, J.P., ROMAN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court