Appellate Division: Second Judicial Department

M241357

E/ct

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-12296, 2016-12298, 2016-12299, 2016-12300 Sylvia E. Lee, appellant, v John Rogers, respondent. (Index No. 4389/12)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from four orders of the Supreme Court, Westchester County, two dated August 1, 2016, one dated October 17, 2016, and one dated October 18, 2016, for leave to serve and file a supplemental record containing certain documents. Cross motion by the respondent to dismiss the appeal on the ground that the record is inadequate, to impose a sanction upon the appellant's counsel, and for an award of costs.

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

ORDERED that the motion is granted to the extent that on or before December 8, 2017, the appellant shall serve and file a supplemental record containing the affidavit of Sylvia E. Lee, dated July 1, 2016, with annexed exhibits, the affidavit of John Rogers, dated July 18, 2016, with annexed exhibits, and the reply affirmation of Harold R. Burke, dated July 28, 2016, with annexed exhibits, and the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., LEVENTHAL, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court