Appellate Division: Second Judicial Department

M229280

E/sl

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2016-04247 Abraham J. Ort, appellant, v Amelia Manya Emily Ort, respondent. (Index No. 4693/12)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated February 11, 2016, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Cross motion by the respondent, in effect, to strike the record and the appellant's brief on the ground that they contain or refer to matter dehors the record, or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the cross motion which is, in effect, to strike the record and the appellant's brief is granted, and on or before June 12, 2017, the appellant shall serve a replacement record and a replacement appellant's brief which does not contain or refer to matter dehors the record; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until July 12, 2017, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is denied with leave to renew by a motion made simultaneously with the filing of the replacement record and the replacement appellant's brief.

LEVENTHAL, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court