Appellate Division: Second Judicial Department

M227803

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2015-08777 Temmi Kramer, appellant, v David Kramer, respondent. (Index No. 202042/11)

DECISION & ORDER ON MOTION

2016-08468

Temmi Kramer, respondent,

v David Kramer, appellant.

(Index No. 202042/11)

Motion by Temmi Kramer pro se on an appeal from an order of the Supreme Court, Nassau County, dated July 17, 2015, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal from the order. Cross motion by David Kramer to strike the record on the appeal from the order on the ground that it contains matter dehors the record and to enlarge the time to serve and file a brief. By order to show cause dated January 6, 2017, inter alia, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the right of direct appeal from the order terminated with entry of the final judgment on June 10, 2016, and the motion and cross motion were held in abeyance in the interim. Application by Temmi Kramer to deem her notice of appeal from the order to be a cross notice of appeal from those portions of the judgment which bring the order up for review (see CPLR 5501[a][1]), and to enlarge the time to perfect the appeal and cross appeal from the judgment.

Now, upon the order to show cause and the papers filed in response thereto, 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 motion to dismiss the appeal is denied; and it is further,

ORDERED that the application of Temi Kramer is dismissed; and it is further,

ORDERED that on the Court's own motion, pursuant to CPLR 5520(c) Temmi Kramer's notice of appeal from the order is deemed to be a cross notice of appeal from those portions of the judgment which bring the order up for review (see CPLR 5501[a][1]), the parties shall file a joint record or appendix on the appeal and cross appeal from the judgment, and the appeal by David Kramer and the cross appeal by Temmi Kramer shall be prosecuted under Appellate Division Docket No. 2015-08468; and it is further,

ORDERED that the David Kramer's time to perfect the appeal is enlarged until May 31, 2017, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and David Kramer's brief must be served and filed on or before that date; and it is further,

ORDERED that Temmi Kramer shall serve and file her answering brief, including her points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), in accordance with the rules of this Court; and it is further,

ORDERED that the motion is denied as academic; and it is further,

ORDERED that cross motion is granted to the extent that the record and the appellant's brief filed by Temmi Kramer in connection with Appellate Division Docket No. 2015-08777 are stricken, and the cross motion is otherwise denied as academic.

BALKIN, J.P., AUSTIN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court