Appellate Division: Second Judicial Department

M227459

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2015-11927 Eliezer Avraham, appellant, v Orit Avraham, respondent. (Index No. 52024/12)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered October 26, 2015, and for a reconstruction hearing with respect to the proceedings which occurred on April 8, 2014. By decision and order on motion dated July 29, 2016, this Court granted that branch of the motion which was for a reconstruction hearing, remitted the matter to the Supreme Court, Kings County, for the reconstruction hearing, and held in abeyance that branch of the motion which was to enlarge the time to perfect the appeal. The Supreme Court, Kings County, has issued a report dated March 3, 2017, advising that a reconstruction hearing was not required as the parties stipulated that no testimony occurred on April 8, 2014.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Kings County, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until April 28, 2017, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

DILLON, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court