Appellate Division: Second Judicial Department

M234975

E/afa

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2016-04106, 2017-04438 Eleonora Rozmarin, appellant-respondent, v Anil Jerome Sookhoo, et al., respondents- appellants. (Index No. 19210/13)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal from a judgment of the Supreme Court, Kings County, entered February 26, 2016, and an appeal and cross appeal from an order of the same court dated February 17, 2017, to dismiss the appeals, inter alia, on the grounds that the joint appendix is inadequate and that the appellant-respondent is not aggrieved by the judgment. Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeals on the ground that the joint appendix is inadequate is denied on condition that on or before August 25, 2017, the appellant-respondent serve and file a supplemental joint appendix which contains the transcript of her testimony at proceedings which occurred on October 6, 2015; and it is further,

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

ORDERED that the application is granted, the respondents-appellants' time to serve and file a brief is enlarged until September 25, 2017, and the respondents-appellants' answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), shall be served and filed on or before that date.

BALKIN, J.P., SGROI, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court