Appellate Division: Second Judicial Department

M258026

E/sl

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 extend the time to serve and file a supplemental reply brief. By decision and order on motion of this Court dated October 12, 2018, the parties were directed to either stipulate to the accuracy of a certain deposition transcript or submit to a reconstruction hearing with respect to that deposition transcript, and the motions were held in abeyance in the interim. The parties have stipulated to the accuracy of the deposition transcript.

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 extend the time to serve and file a supplemental reply brief and no papers having been filed in opposition or in relation thereto, and upon the stipulation of the parties filed November 9, 2018, it is

ORDERED that the appellant-respondent's motion for leave to serve and file a third supplemental joint appendix is granted to the extent that and on or before January 7, 2019, the appellant-respondent shall serve and file a third supplemental joint appendix containing (1) 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, (2) the appellant-respondent's Trial Exhibits F(16)-8, F(16)-11, G(16), and H(16), (3) the appellant-respondent's federal tax returns for the year 2012, and (4) the appellant-respondent's Trial Exhibits T(7)-3, X(7), and Y(7), and the motion is otherwise denied; and it is further,

ORDERED that the appellant-respondent's motion to extend the time to serve and file a supplemental reply brief is granted, the appellant-respondent's time to serve and file a supplemental reply brief is extended until January 7, 2019, and the supplemental reply brief shall be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court