| Roberts v Roberts |
| Motion No: 2015-06059 |
| Slip Opinion No: 2017 NY Slip Op 62333(U) |
| Decided on January 27, 2017 |
| 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
M225253
E/ct
RANDALL T. ENG, P.J.
MARK C. DILLON
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2015-06059 Scott Roberts, respondent, v Lyubov A. Roberts, appellant. (Index No. 2806/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to direct the appellant to file additional transcripts on an appeal from a judgment of the Supreme Court, Queens County, entered March 24, 2015, to dismiss the appeal on the ground that the record on appeal is inadequate, and for an award of counsel fees. Cross motion by the appellant to enlarge the record to include a certain letter dated April 11, 2011. Application to enlarge the time of the respondent and the attorney for the child to serve and file their respective briefs.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, upon the papers filed in support of the cross motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before March 27, 2017, the appellant serves and files a supplemental record containing (1) all additional trial transcripts or file an affirmation that no additional transcripts exist (2) all papers filed in opposition to the appellant's motions which are contained in the record on appeal, and (3) the respondent's and the attorney for the child's post trial memoranda of law; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied; and it is further,
ORDERED that the application is granted, the time for the respondent and the attorney for the child to serve and file their respective briefs is enlarged until April 26, 2017, and the briefs must be served and filed on or before that date.
ENG, P.J., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court