Appellate Division: Second Judicial Department

M222864

E/afaREINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2016-09328 Raquel Trimarco, appellant, v Joseph Trimarco, respondent. (Index No. 932/07)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated August 23, 2016, on the ground that the appellant's appendix is inadequate and to vacate a stay of enforcement of the order granted by decision and order on motion of this Court dated September 20, 2016, or, in the alternative, to direct the appellant to serve and file a supplemental appendix that complies with the CPLR and the rules of this Court, and to enlarge the respondent's time to serve and file a brief.

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

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental appendix is granted, and on or before January 12, 2017, the appellant shall serve and file a supplemental appendix that complies with the CPLR and the rules of this Court (see CPLR 5528; 22 NYCRR 670.10.2[c]); 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 February 14, 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.

RIVERA, J.P., LEVENTHAL, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court