Jacqueline S. v Zarko S. .

Motion No: M-645

Slip Opinion No: 2018 NYSlipOp 66011(U)

Decided on March 1, 2018

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.

March 1, 2018

Jacqueline S.,

Plaintiff-Respondent-Appellant, CONFIDENTIAL

v

Zarko S.,

Defendant-Appellant-Respondent.

Plaintiff-respondent-appellant having moved for dismissal of defendant's appeal taken from a judgment of divorce of the Supreme Court, New York County, entered on or about March 22, 2017, or in the alternative for an order striking defendant's brief and appendix, for an enlargement of time to file its respondent/cross-appellant's brief and for sanctions against defendant (M-450), And defendant-appellant-respondent having cross-moved to supplement the appendix with a notice of cross-appeal; for leave to cure any inadequacies in said appendix, to waive his compliance with other Court rules; to direct plaintiff-respondent-appellant to file a supplemental appendix containing certain documents not present in the filed appendix; to order and declare that appellant's amended appendix, together with the respondent's supplemental appendix will constitute the parties' joint record; to deny plaintiff's motion to dismiss its appeal and to adjourn the perfected appeal (M-645),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 and cross motion are granted to the extent of adjourning the perfected appeal to the September 2018 Term, and enlarging the time to perfect the cross-appeal to said Term; plaintiff is directed to file a supplemental appendix, at her own expense, containing the notice of cross-appeal, findings of fact and conclusions of law signed by the trial court, the complete motion papers below, including all the exhibits, and the complete trial transcript, if so advised. Defendant is directed to physically excise the following pages of the appendix; A254-255, A265, 26, 264, 268-275, from all copies of the appendix within 15 days of entry of this order. Defendant-appellant is also directed to supplement its appendix with copies of the documents now contained in the appendix at A262, 264, 268-275, with all typed notations redacted, and otherwise denied. So much of the motion (M-450) seeking an order striking appellant's brief without prejudice to arguments in the brief for respondent/cross-appellant is denied. ENTERED: March 1, 2018

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Sallie Manzanet-Daniels Angela M. Mazzarelli Jeffrey K. Oing Peter H. Moulton, Justices

M-645

M-450

Index No. 312320/14