Appellate Division: Second Judicial Department

M231870

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2015-06059 Scott Roberts, respondent, v Lyubov A. Roberts, appellant. (Index No. 2806/08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, entered March 24, 2015, to extend the time to comply with a decision and order on motion of this Court dated January 27, 2017, which denied the branch of the respondent's motion which was to dismiss the appeal on condition that the appellant served and filed a supplemental record containing certain material on or before March 27, 2017, to clarify the decision and order on motion of this Court dated January 27, 2017, to direct the respondent to pay for "some or all" of the transcripts or to be provided with the transcripts, without charge, and to enlarge the time to serve and file the briefs of the respondent and the attorney for the child. Cross motion by the respondent to dismiss the appeal for failure to comply with the decision and order on motion of this Court dated January 27, 2017, or, to enlarge the time to serve and file a brief, and for an award of counsel fees.

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

ORDERED that the branch of the motion which is to extend the time to comply with the decision and order on motion of this Court dated January 27, 2017, is granted, and on or before July 31, 2017, the appellant shall serve and file a supplemental record containing (1) all additional trial transcripts or file an affirmation that no additional transcripts exist, (2) all papers filed in opposition to the appellant's motions which are contained in the record on appeal, and (3) the respondent's and the attorney for the child's post trial memoranda of law; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file the briefs of the respondent and the attorney for the child and the branch of the cross motion which is to enlarge the respondent's time to serve and file a brief are granted, the time for the respondent and the attorney for the child to serve and file their respective briefs is enlarged until August 30, 2017, and the briefs shall be served and filed on or before that date; and it is further,

ORDERED that the motion and the cross motion are otherwise denied.

DILLON, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court