Appellate Division: Second Judicial Department

M225504

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2015-10397, 2015-10398, 2015-10400, 2015-10403, 2015-10415 John Bruzzese, appellant, v Sylvia Bruzzese, respondent. (Index No. 6760/11)

DECISION & ORDER ON MOTION

Motion by the child Lauren B. on appeals from a money judgment of the Supreme Court, Orange County, dated March 20, 2015, three orders of the same court, one dated June 23, 2015, and two dated August 24, 2015, and a judgment of the same court dated August 25, 2015, to dismiss the appeal from the judgment dated August 25, 2015, on the ground that the appellant's appendix and the respondent's appendix are inadequate, or, in the alternative, to enlarge the time to serve and file a brief. Separate motion by the child Emily B. to dismiss the appeal from the judgment dated August 25, 2015, insofar as they relate to her custody and visitation on the ground that the appeal has been rendered academic as to her.

Upon the papers filed in support of the motion by Lauren B. and the papers filed in opposition thereto, and upon the papers filed in support of the motion by Emily B. and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion by Lauren B. which is to dismiss the appeal from the judgment is denied on condition that on or before March 10, 2017, the appellant serves and files a supplemental appendix containing "critical exhibits" (see 22 NYCRR 670.10.2[c][vi]); and it is further,

ORDERED that the branch of the motion by Lauren B. which is to enlarge the time to serve and file a brief is granted, the time for the attorney for the child Lauren B. to serve and file a brief is enlarged until April 10, 2017, and the brief must be served and filed on or before that date; and it is further,

ORDERED that the motion by Emily B. is granted, and the appeal from the judgment dated August 25, 2015, insofar as it relates to custody and visitation of Emily B. is dismissed, without costs or disbursements; and it is further,

ORDERED that on the Court's own motion, the time for the attorney for the child Johnny B. to serve and file a brief is enlarged until April 10, 2017, and the brief shall be served and filed on or before that date.

RIVERA, J.P., HALL, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court