| Cunningham v Brutman |
| Motion No: 2016-01613 |
| Slip Opinion No: 2016 NY Slip Op 93941(U) |
| Decided on December 9, 2016 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M222621
E/sl
L. PRISCILLA HALL, J.P.
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE
BETSY BARROS, JJ.
|
2016-01613 Jerome F. Cunningham, Jr., respondent, v Jeanne Brutman, appellant. (Index No. 31704/10)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, dated November 24, 2015, on the grounds that the appellant's appendix contains matter dehors the record and is inadequate, or, in the alternative, to strike the appellant's brief and the appellant's appendix, to enlarge the record to include a certain forensic report, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branches of the motion which are to dismiss the appeal, or, in the alternative to strike the appellant's brief and the appellant's appendix on the ground that the appellant's appendix contains matter dehors the record is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant's appendix is inadequate is denied without prejudice to the respondent filing his own appendix; 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 23, 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; and it is further,
ORDERED that on the Court's own motion, the time of the attorney for the child to serve and file a brief is enlarged until January 23, 2017, and the brief of the attorney for the child must be served and filed on or before that date.
HALL, J.P., HINDS-RADIX, MALTESE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court