Appellate Division: Second Judicial Department

M257260

E/afa

LEONARD B. AUSTIN, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2018-01210 Linda Law, appellant, v Maura A. Dillon, et al., respondents. (Index No. 601682/16)

DECISION & ORDER ON MOTION

Motion by the respondents, in effect, to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered December 11, 2017, for failure to properly settle the trial transcript or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellant, in effect, to deem the appellant's appendix to be in compliance with the rules of this Court.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before December 17, 2018, the appellant settle the transcript and either (1) advise the Court, in writing, that no changes to the transcript are necessary, (2) serve and file a supplemental appendix containing an errata sheet which sets forth the corrections to the record or (3) serve and file a supplemental appellant's appendix containing the properly settled transcript and remove the transcript from the copies of the appellant's appendix filed with the Clerk of this Court; and it is further,

ORDERED that the branch of the motion which is to extend the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is extended until January 16, 2019, and the respondents' brief shall be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

AUSTIN, J.P., HINDS-RADIX, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court