Appellate Division: Second Judicial Department

M255050

E/rrMARK C. DILLON, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2017-00088 Steven Oteri, respondent, v Diane T. Oteri-Harkins, et al., appellants. (Index No. 15146/15)

DECISION & ORDER ON MOTION

Motion by the appellant Walter E. Harkins pro se on an appeal from an order of the Supreme Court, Queens County, entered October 26, 2016, in effect, to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g). Cross motion by the respondent to dismiss the appeal for failure to timely perfect and on the ground that the appellants' appendix is inadequate and contains matter dehors the record, and to impose a sanction upon the appellants and for an award of an attorney's fee and costs.

Upon the papers filed in support of the motion and no papers filed in opposition or in relation thereto, and the papers submitted in support of the cross motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the cross motion which is to dismiss the appeal on the ground that the appellants' appendix is inadequate is denied on condition that on or before October 25, 2018, the appellants serve and file a supplemental appellants' appendix which contains the papers submitted by the parties in connection with their underlying motions, which were determined in the order entered October 26, 2016, except those already included in the appellant's appendix; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until November 26, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

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

ORDERED that the motion is denied with leave to renew by a motion made simultaneously with the filing of the supplemental appellants' appendix.

DILLON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court