Appellate Division: Second Judicial Department

M224032

E/sl

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2015-12157 Penka Petkova, respondent, v Zdravko Radulovic, appellant. (Index No. 12527/11)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, dated October 27, 2015, to extend the time to comply with a decision and order on motion of this Court dated October 14, 2016.

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

ORDERED that the motion is granted, the appellant's time to comply with the decision and order on motion of this Court dated October 14, 2016, is extended until February 6, 2017, and on or before that date the appellant shall serve and file a replacement appellant's appendix that contains the full trial transcript and does not contain matter dehors the record, and a replacement appellant's brief that does not refer to matter dehors the record; and it is further,

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

ORDERED that if the appellant fails to serve and file the replacement appellant's appendix and the replacement appellant's brief on or before February 6, 2017, as set forth above, the Court will dismiss the appeal, without further notice; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until March 6, 2017, and the respondent's brief must be served and filed on or before that date.

AUSTIN, J.P., COHEN, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court