| Pugliese v Pugliese |
| Motion No: 2016-06559 |
| Slip Opinion No: 2017 NY Slip Op 75121(U) |
| Decided on May 26, 2017 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M231715
E/ct
JOHN M. LEVENTHAL, J.P.
BETSY BARROS
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2016-06559, 2016-07357, 2016-11980 Gina Pugliese, appellant, v Dennis Pugliese, respondent. (Index No. 968/16)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from an order of the Supreme Court, Orange County, dated May 31, 2016, an amended order of the same court dated June 9, 2016, and an order of the same court dated October 3, 2016, inter alia, on the ground that the amended order dated June 9, 2016, superceded the order dated May 31, 2016, that portions of the amended order dated June 9, 2016, were entered upon the consent of the appealing party, and the amended order dated June 9, 2016, and the order dated October 3, 2016, do not affect a substantial right of the appellant, and to strike the record on appeal and the appellant's brief as inadequate or, in the alternative, to strike stated portions of the record on appeal and the appellant's brief on the ground that they contain or refer to matter dehors the record. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the application and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeals is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to strike the record on appeal and the appellant's brief as inadequate or, in the alternative, to strike stated portions of the record on appeal and the appellant's brief on the ground that they contain or refer to matter dehors the record is denied; and it is further,
ORDERED that the application is granted, the appellant's time to serve and file a reply brief is enlarged until June 12, 2017, and the reply brief shall be served and filed on or before that date.
LEVENTHAL, J.P., BARROS, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court