Francis Carling v Kristan Peters .

Motion No: M-3806

Slip Opinion No: 2018 NYSlipOp 83188(U)

Decided on September 13, 2018

Appellate Division, First 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.

September 13, 2018

Francis Carling,

Plaintiff-Appellant-Respondent,

v

Kristan Peters,

Defendant-Respondent-Appellant.

Appeals having been taken by plaintiff-appellant-respondent from an order of the Supreme Court, New York County, entered on or about August 8, 2017 and from an order of the same Court and Justice, entered on or about September 27, 2017, and said appeals having been perfected in a joint appendix, And defendant-respondent-appellant having taken an appeal from a final judgment of the Supreme Court, New York County, entered on or about September 8, 2017, And defendant-respondent-appellant having moved to strike the joint appendix filed by plaintiff-appellant-respondent, and for other relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of granting defendant-respondent-appellant leave to file a supplemental appendix containing the documents required to perfect her appeal taken from the judgment entered on or about

September 8, 2017, at her own expense, if so advised; plaintiff's perfected appeals are adjourned to the January 2019 Term; and the motion is otherwise denied. Sua sponte, defendant-respondent-appellant's time to perfect the appeal is enlarged to the January 2019 Term. ENTERED: September 13, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer Cynthia S. Kern,Justices

M-3806

Index No. 651203/13