Appellate Division: Second Judicial Department

M232597

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2016-07709 Margaret McMann, respondent, v Darin McMann, appellant. (Index No. 346/07)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Putnam County, dated June 6, 2016, on the ground that the record is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental record and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record is granted, and on or before June 30, 2017, the appellant shall serve and file a supplemental record containing the following: order of the Supreme Court, Putnam County, dated July 7, 2011; transcript of the proceedings which occurred on May 26, 2011, so-ordered on June 7, 2011; order of the Supreme Court, Putnam County, dated December 19, 2013; summons dated May 28, 2014; petition dated May 19, 2014; order of the Family Court, Putnam County, dated July 10, 2014; transcript of proceedings which occurred on September 19, 2014; order of the Supreme Court, Putnam County, dated October 15, 2014; order of the Supreme Court, Putnam County, dated February 25, 2015; the appellant's "affidavit in opposition to plaintiff's motion seeking contempt" dated February 29, 2012; and it is further,

ORDERED that the branch of the 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 31, 2017, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court