Appellate Division: Second Judicial Department

M221563

E/ct

RANDALL T. ENG, P.J.

L. PRISCILLA HALL

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2015-12005 Henriette Louzoun, appellant, v Joseph Montalto, respondent. (Index No. 203149/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated October 21, 2015, to extend the time to comply with so much of a decision and order on motion of this Court dated August 26, 2016, as directed her to serve and file a replacement Volume II of the record on appeal and a replacement brief on or before September 26, 2016. Cross motion by the respondent to dismiss the appeal for failure to comply with the decision and order on motion of this Court dated August 26, 2016.

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

ORDERED that the motion is granted, and on or before March 2, 2017, the appellant shall serve and file (1) a replacement Volume II of the record which contains the material on pages R1091 through R1107, R1153, R1168, R1223, R1226 through R1228, R1254, R1255, R1259, R1261 through R1265, R1280, R1287, and R1289 of the original Volume II and omits all other material contained in the original Volume II, and (2) a replacement brief which contains appropriate references to the replacement Volume II; 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 April 3, 2017, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

ENG, P.J., HALL, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court