Appellate Division: Second Judicial Department

M245505

E/afa

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2017-01617 Michael Kelly, appellant, v Debra Kelly, respondent. (Index No. 2186/07)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Rockland County, dated January 27, 2017, inter alia, to extend the time to comply with a decision and order on motion of this Court dated November 28, 2017.

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

ORDERED that the motion is granted, and on or before March 2, 2018, the appellant shall serve and file a replacement appendix which contains all of the papers filed in connection with the motion that resulted in the order dated July 13, 2017, and does not contain matter dehors the record, and a replacement brief that addresses only issues raised in connection with the appeal from the order dated July 13, 2017, and does not refer to matter dehors the record; and it is further,

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

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until April 2, 2018, and the respondent's brief shall be served and filed on or before that date.

BALKIN, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court