Appellate Division: Second Judicial Department

M228139

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2016-04796 Barbara Lee, appellant, v Joel Acevedo, et al., respondents. (Index No. 7673/13)

DECISION & ORDER ON MOTION

Motion by the respondents to strike the record on an appeal from an order of the Supreme Court, Suffolk County, dated March 25, 2016, on the ground that certain documents contained therein are not accurate copies of the documents filed with the Supreme Court, Suffolk County, and, in effect, to direct the appellant to serve and file a replacement record which contains accurate copies of the documents filed with the Supreme Court, Suffolk County, in connection with the motion that was determined by the order dated March 25, 2016, and to enlarge the time to serve and file a brief. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. Cross motion by the appellant to impose a sanction against the respondents' counsel, for a preference in the calendaring of the appeal, and for leave, if necessary, to serve and file a supplemental record.

Upon the papers filed in support of the motion and 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 strike the record and, in effect, to direct the appellant to serve and file a replacement record is granted, and on or before April 18, 2017, the appellant shall serve and file a replacement record that contains the accurate, unmarked copies of the material found on pages 120, 122, 123, 125, 126, 155, 178, 255 through 259, 263, 379, 412, 418, 423, 424, 428, 429, 438 through 440, 493, 495, 496, 498, 503, and 513 of the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief and the application for that relief are granted, the respondents' time to serve and file a brief is enlarged until May 18, 2017, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion which is for a preference in the calendaring of the appeal is granted and the appeal will be calendared expeditiously after all of the briefs have been filed; and it is further,

ORDERED that the cross motion is otherwise denied.

BALKIN, J.P., COHEN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court