Stephanie O. v David O. .

Motion No: M-5483

Slip Opinion No: 2017 NYSlipOp 92223(U)

Decided on November 16, 2017

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

November 16, 2017

Stephanie O.,

Plaintiff-Respondent, CONFIDENTIAL

v

David O.,

Defendant-Appellant.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about August 9, 2016, and said appeal having been perfected, And defendant-appellant having moved for a calendar preference for the November 2017 Term and to denominate the appeal as enumerated (M-5302), And plaintiff-respondent having cross-moved to dismiss the appeal, or in the alternative, to direct defendant to serve respondent with two copies of his brief and appendix, to reproduce and include his appendix and entire record of the proceeding, to strike certain portions of the appendix unrelated to the matter appealed from and for an adjournment of time to file the respondent's brief (M-5483),Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of granting calendar preference for the first week of the January 2018 Term and otherwise denied, without prejudice to letter application for leave to present oral argument with respect to

enumerating the appeal to the Justice presiding on the date of oral argument (M-5302). The cross motion is granted to the extent of adjourning the appeal to said January 2018 Term, granting plaintiff leave to supplement the appendix with the complete hearing transcripts, at her own expense, and otherwise denied (M-5483). ENTERED: November 16, 2017

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice,Peter Tom Troy K. Webber Ellen Gesmer Anil C. Singh, Justices

M-5483

M-5302

Index No. 350024/13