Appellate Division: Second Judicial Department

M240947

E/ct

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2017-01366 In the Matter of Freeda Mary Scudder, appellant, v Rahul Scudder, respondent. (Docket Nos. V-10494-16, V-10495-16, V-10496-16)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the record on an appeal from an order of the Family Court, Nassau County, dated January 4, 2017, to include court orders and transcripts from court proceedings which occurred in the State of Florida, to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the 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 enlarge the record is granted to the extent that this Court shall take judicial notice of an order of the County/Circuit Court of the Twentieth Judicial District in and for Collier County, Florida, filed December 20, 2016, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the appellant's 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 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 December 11, 2017, and the respondent's brief shall be served and filed on or before that date.

LEVENTHAL, J.P., COHEN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court