| Feldman v Feldman |
| Motion No: 2016-06674 |
| Slip Opinion No: 2018 NY Slip Op 77644(U) |
| Decided on July 13, 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. |
Appellate Division: Second Judicial Department
M252372
E/rr
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 |
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. By decision and order on motion of this Court dated May 22, 2018, this Court directed that it would direct a reconstruction hearing with respect to an affirmation of Elliot S. Martin dated February 21, 2017, with annexed exhibits, in the event that the parties did not file a copy of the affirmation with annexed exhibits accompanied by a stipulation that it was a true and correct copy of the affirmation with annexed exhibits filed with the Supreme Court, Kings County, on or before June 22, 2018. The affirmation has not been filed with this Court. Application by the respondent to enlarge the time to serve and file a brief.
Now, on the Court's own motion and the decision and order on motion of this Court dated May 22, 2018, and upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Kings County, for a reconstruction hearing as to the affirmation of Elliot S. Martin dated February 21, 2017, with annexed exhibits, filed in connection with the motion which was determined by the order dated May 5, 2017; and it is further,
ORDERED that the respondent shall serve a copy of this decision and order on motion upon the Supreme Court, Kings County, and immediately apprise this Court when the reconstruction hearing is completed or if reconstruction cannot be accomplished; and it is further,
ORDERED that the application is held in abeyance in the interim.
DILLON, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court