Appellate Division: Second Judicial Department

M258080

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

BETSY BARROS, JJ.

2018-08404, 2018-08405 In the Matter of Gary Aminov, appellant, v Esther Gadayeva, respondent. (Docket Nos. V-4328-12/17D, V-22901-11/17D)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the appellant's brief on appeals from two orders of the Family Court, Queens County, both dated May 25, 2018, to direct the appellant to serve and file a replacement brief, in effect, to direct the appellant to file certain exhibits and the transcript of the proceedings which occurred on May 22, 2018, and to extend the respondent's time to serve and file a brief. Separate motion by the appellant for leave to serve and file a replacement brief and for leave to correct the record.

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

ORDERED that the branches of the respondent's motion which are to strike the appellant's brief and to direct the appellant to serve and file a replacement brief and the branch of the appellant's motion which is for leave to serve and file a replacement brief are granted, the appellant's brief is stricken, and on or before January 10, 2019, the appellant shall serve and file a replacement brief which does not refer to matter dehors the record; and it is further,

ORDERED that the branch of the respondent's motion which is, in effect, to direct the appellant to file certain exhibits and the transcript of the proceedings which occurred on May 22, 2018, and the branch of the appellant's motion which is for leave to correct the record are granted to the extent that the matter is referred to the Family Court, Queens County, for a reconstruction hearing with respect to the documents identified as items "a" through "l", in paragraph 27 of the affirmation of Nathan Pinhasov dated November 7, 2018, filed in support of the appellant's motion, unless on or before January 10, 2019, the appellant files copies of those documents accompanied by the parties' stipulation that the filed documents are fair and accurate copies of the documents which were filed with the Family Court in connection with the above-entitled proceedings, and on or before January 10, 2019, the appellant files the settled transcript of the proceedings which occurred on May 22, 2018; and it is further,

ORDERED that the branch of the respondent's motion which is to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until February 8, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motions are otherwise denied..

BALKIN, J.P., COHEN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court