Appellate Division: Second Judicial Department

M249408

E/afa

ALAN D. SCHEINKMAN, P.J.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2017-06823 Marie E. Gargiulo, appellant, v Joseph P. Gargiulo, respondent. (Index No. 5300/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered June 19, 2017, on the ground that the appellant's appendix is inadequate and for failure to settle the transcript or, in the alternative, to direct the appellant to serve and file a replacement appendix, to vacate a stay of enforcement of stated portions of the judgment which was granted by decision and order on motion of this Court dated September 25, 2017, 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 dismiss the appeal is denied on condition that on or before May 15, 2018, the appellant serve and file a replacement appellant's appendix which contains a complete copy of the decision after trial and all of the trial exhibits, and does not contain copies of exhibits with handwritten notations; and it is further,

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 June 14, 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.

SCHEINKMAN, P.J., CHAMBERS, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court