| Shifer v Shifer |
| Motion No: 2013-05431 |
| Slip Opinion No: 2017 NY Slip Op 75128(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
M231814
E/sl
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
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2013-05431 Pearl Shifer, appellant-respondent, v David Shifer, etc., et al., respondents- appellants, et al., defendant. (Index No. 1434/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant David Shifer pro se on an appeal and cross appeals from a judgment of the Supreme Court, Kings County, dated April 8, 2013, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the respondent-appellant David Shifer s second replacement joint appendix. Separate motion by the appellant-respondent, inter alia, to strike the respondent-appellant David Shifer s second replacement brief and second replacement joint appendix on the ground that they refer to or contain matter dehors the record, to enlarge the time to serve and file a reply brief, and to direct the respondent-appellant David Shifer to pay counsel fees.
Upon the papers filed in support of the motion by the respondent-appellant David Shifer and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the appellant-respondent and the papers filed in opposition thereto, it is
ORDERED that the motion by the respondent-appellant David Shifer is granted; and it is further,
ORDERED that the branch of the motion by the appellant-respondent which is to strike the respondent-appellant David Shifer s second replacement brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion by the appellant-respondent which is to enlarge the time to serve and file a reply brief is granted, the appellant-respondent's time to serve and file a reply brief is enlarged until June 26, 2017, and the appellant-respondent's reply brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion by the appellant-respondent is otherwise denied.
CHAMBERS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court