Merlino v Merlino
Motion No: 2017-12317
Slip Opinion No: 2018 NY Slip Op 84466(U)
Decided on September 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M255702

E/sl

ALAN D. SCHEINKMAN, P.J.

LEONARD B. AUSTIN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2017-12317

Barbara Merlino, respondent,

v Rudolph Merlino, appellant.

(Index No. 50035/14)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to serve and file a supplemental record on an appeal from a judgment of the Supreme Court, Richmond County, entered October 13, 2017, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that on or before October 26, 2018, the respondent shall serve and file a supplemental record containing a decision after inquest of the Supreme Court, Richmond County, dated March 21, 2017, three orders of the Supreme Court, Richmond County, all dated July 25, 2016, annexed to the motion papers as part of Exhibit B, and an affirmation of Marc A. Berk dated July 1, 2017; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until October 26, 2018, and the respondent's brief shall be served and filed on or before that date.

SCHEINKMAN, P.J., AUSTIN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court