Appellate Division: Second Judicial Department

M232718

E/sl

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2017-00653, 2017-00836 Maureen Spencer-Forrest, respondent- appellant, v Charles J. Forrest, Jr., appellant- respondent. (Index No. 202197/12)

Motion by the defendant on an appeal from an order of the Supreme Court, Nassau County, dated October 18, 2016, and an appeal and cross appeal from a judgment of the same court entered November 30, 2016, inter alia, to direct the plaintiff to provide her trial exhibits to him and pay her share of the cost of a joint record or joint appendix, using an appellate printer selected by him. Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

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 application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is to direct the a plaintiff to provide her trial exhibits to the defendant is granted, and on or before June 26, 2017, the plaintiff shall provide her trial exhibits to the defendant; and it is further,

ORDERED that the branch of the motion which is to direct the plaintiff to pay her share of the cost of the joint record or joint appendix, using an appellate printer selected the defendant is granted to the extent that the parties shall share in the cost of the joint record or appendix on the appeal and cross appeal from the judgment in accordance with 22 NYCRR 670.8(c)(1); and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted to the extent that the time to perfect the appeal from the judgment is enlarged until August 11, 2017, and the joint record or appendix on the appeal and cross appeal from the judgment and the appellant-respondent's brief shall be served and filed on or before that date (see 22 NYCRR 670.8[c][1]) and the application is otherwise denied as academic; and it is further,

ORDERED that the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, in accordance with the rules of the Court (see 22 NYCRR 670.8[c][3]).

BALKIN, J.P., SGROI, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court