Appellate Division: Second Judicial Department

M250519

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2016-06674, 2016-06675, 2017-07199 Peri W. Feldman, appellant, v Meier Feldman, respondent. (Index No. 33404/02)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Kings County, dated February 17, 2016 and May 5, 2017, respectively, and an amended judgment of the same court dated May 9, 2016, inter alia, in effect, for leave to reargue his prior motion to dismiss the appeals from the order dated February 17, 2016, and the amended judgment dated May 9, 2016, which was held in abeyance by decision and order on motion of this Court dated November 29, 2016, to enlarge the record to include "all the papers before the [Supreme] Court when it considered" motion sequence No. 16, to dismiss the appeal from the order dated May 5, 2017, as abandoned, and to enlarge the time to serve and file a brief.

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 branch of the motion which is to enlarge the record is denied as unnecessary as the papers filed in connection with motion sequence No. 16 are already part of the record; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated May 5, 2017, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; 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 July 23, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that on or before June 22, 2018, the parties may file a copy of the affirmation of Elliot S. Martin dated February 21, 2017, with annexed exhibits, with a stipulation from the parties that the affirmation with annexed exhibits is a true and correct copy of the affirmation with annexed exhibits filed with the Supreme Court, Kings County, and if the affirmation and stipulation are not filed with this Court on or before June 22, 2018, then the matter will be referred to the Supreme Court, Kings County, for a reconstruction hearing with respect to the affirmation dated February 21, 2017; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court