Matter of Nwabueze v Okafor
Motion No: 2017-08816
Slip Opinion No: 2018 NY Slip Op 69589(U)
Decided on April 12, 2018
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M248329

E/afa

WILLIAM F. MASTRO, J.P.

SANDRA L. SGROI

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2017-08816

In the Matter of Ursula-Pearl Uchenna

Nwabueze, respondent, v Livinus Obinna

Okafor, appellant.

(Docket Nos. V-31752-15, V-31753-15,

V-31751-15)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Kings County, dated July 20, 2017, inter alia, on the ground that the transcript was not properly settled or, in the alternative, 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 dismiss the appeal on the ground that the transcript was not properly settled is denied on condition that on or before May 29, 2018, the appellant settle the transcript and serve and file a supplemental record containing an errata sheet or advise the Court, in writing, that following settlement of the transcript no changes to the transcript contained in the record are necessary; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until June 28, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., SGROI, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court