Appellate Division: Second Judicial Department

M253223

E/mmRUTH C. BALKIN, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

JOSEPH J. MALTESE, JJ.

2017-08810 Jean Barone, etc., appellant, v Gilma Posada Barone, etc., et al., respondents. (Index No. 9162/12)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated July 19, 2017, on the grounds that the appellant's appendix is inadequate and contains matter dehors the record, the appeal has been rendered academic, and the appellant's brief improperly raises issues regarding other orders which are not the subject of the appeal, or, in the alternative, to strike the appellant's brief on the ground that it improperly raises issues regarding other orders which are not the subject of the appeal and to enlarge the time to serve and file a brief. Cross motion by the appellant, in effect, for leave to file a replacement appellant's appendix and brief.

Upon the papers filed in support of the motion and the cross 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 grounds that the appellant's appendix is inadequate and contains matter dehors the record, and the appellant's brief improperly raises issues regarding other orders which are not the subject of the appeal is denied on condition that on or before August 27, 2018, the appellant serve and file a replacement appellant's appendix which contains the papers filed by the parties in connection with the motion that was determined by the order dated July 19, 2017, and does not contain motion papers that were filed in connection with any other motions, and a replacement brief that raises issues only concerning the motion that was determined by the order dated July 19, 2017; and it is further,

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

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

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is granted to the extent set forth above and is otherwise denied.

BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court