Ira S. v Janice S.

Motion No: M-6571

Slip Opinion No: 2017 NYSlipOp 62778(U)

Decided on January 10, 2017

Appellate Division, First 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.

January 10, 2017

Ira S.,

CONFIDENTIAL

Plaintiff-Appellant-Respondent,

v

Janice S.,

Defendant-Respondent-Appellant.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about October 22, 2014,

and an appeal and cross appeal having been taken from a Judgment of Divorce from the same Court and Justice, entered on or about October 22, 2014, and said appeals and cross appeal having been perfected, And, defendant-respondent-appellant wife having moved

for an order striking certain portions of plaintiff-appellant-respondent's brief and appendix for incompleteness, and directing him to re-file his brief with a full trial record from the financial trial in Supreme Court, and a revised briefing schedule or, in the alternative, a one week extension to file her brief

(M-6481), And, plaintiff-appellant-respondent husband having cross-moved for an order granting a preference for the appeal to be heard in the February 2017 Term, and directing defendant-respondent-appellant to file her respondent's brief within

one day of this Court's temporary restraining order being lifted, dismissing defendant-respondent-appellant's cross appeal for failure to timely prosecute, denying her motion for failure to comply with the IAS Court's fee order, and enjoining her from filing a supplemental appendix if she fails to do so before her respondent's brief are due (M-6571), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, it is Ordered that the motion is granted only to the extent of ordering that plaintiff-appellant-respondent is directed to file a supplemental appendix, at his own cost, containing all the trial exhibits referenced in his appellant's brief and all other documents and excerpts from the transcripts that he reasonably believes defendant-respondent-appellant will rely upon (Rule 600.10[c][1] and [2], and defendant-respondent-appellant is permitted to file a supplemental appendix, if so advised, containing any additional documents referenced in her respondent's brief that are necessary to consideration of the questions raised on appeal, with costs to abide the appeal (Rule 600.10[c][1]. The appeals are adjourned to the May 2017 Term and the parties are directed to abide by the filing dates for that Term of this Court. ENTERED: January 10, 2017

_____________________ CLERK

Present: Hon. David Friedman, Justice Presiding, Rolando T. Acosta Diane T. Renwick Richard T. Andrias David B. Saxe, Justices

M-6571

M-6481

Index No. 311503/07