Appellate Division: Second Judicial Department

M248032

E/afa

WILLIAM F. MASTRO, J.P.

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2016-01945 Ana Ospina-Cherner, respondent, v Daniel Cherner, appellant. (Index No. 2454/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated January 20, 2016, on the ground that the appellant's appendix is inadequate or to direct the appellant to serve and file a supplemental appendix, 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 respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 27, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied without prejudice to the respondent serving and filing a respondent's appendix.

MASTRO, J.P., COHEN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court