K. (Anonymous) v K. (Anonymous)
Motion No: 2016-02329
Slip Opinion No: 2018 NY Slip Op 85945(U)
Decided on October 12, 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

M256304

E/mm

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2016-02329, 2016-07969

K. A. K. (Anonymous), respondent-appellant,

v G. B. K. (Anonymous), appellant-respondent.

(Index No. 4893/11)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent for leave to serve and file a third supplemental joint appendix containing certain documents on an appeal from a decision and order (one paper) of the Supreme Court, Westchester County, dated February 29, 2016, and an appeal and cross appeal from a judgment of the same court entered August 5, 2016. Separate motion by the appellant-respondent to enlarge the time to serve and file a supplemental reply brief.

Upon the papers filed in support of the motion for leave to serve and file a third supplemental joint appendix and the papers filed in opposition thereto, and upon the papers filed in support of the motion to enlarge the time to serve and file a supplemental reply brief and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, on or before November 13, 2018, the parties may file with this Court a copy of the deposition transcript of Michael Fisch which was marked as Exhibit 1 and submitted to the Supreme Court, Westchester County, on June 4, 2013, and a stipulation that the transcript is a true and accurate copy of the deposition transcript of Michael Fisch which was marked as Exhibit 1 and submitted to the court on June 4, 2013, and if the transcript and stipulation are not filed with this Court on or before November 13, 2018, then the matter will be referred to the Supreme Court, Westchester County, for a reconstruction hearing with respect to the deposition transcript of Michael Fisch which was marked as Exhibit 1 and submitted to the Supreme Court, Westchester County, on June 4, 2013; and it is further,

ORDERED that the motions are held in abeyance in the interim.

BALKIN, J.P., CHAMBERS, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court