Appellate Division: Second Judicial Department

M258554

E/sl

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2018-03708, 2018-03711 Nicole Hendy, appellant, v Michael P. Watts, et al., respondents. (Index No. 19681/13)

DECISION & ORDER ON MOTION

Motion by the respondent Constance M. Gunn, in effect, to direct the appellant to serve and file a supplemental appellant's appendix containing certain material on appeals from a judgment of the Supreme Court, Queens County, entered October 25, 2017, and an amended judgment of the same court entered February 5, 2018, to strike stated portions of the appellant's appendix, and to extend 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 branch of the motion which is, in effect, to direct the appellant to serve and file a supplemental appellant's appendix containing certain material is granted and on or before January 23, 2019, the appellant shall serve and file a supplemental appellant's appendix containing the defendant's trial exhibits A through M; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the appellant's appendix is granted and on or before January 23, 2019, the appellant shall remove pages A262 through A268 from the copies of the appellant's appendix filed with the Clerk of the Court, without prejudice to the appellant including plaintiff's trial exhibits 1 through 4 in the supplemental appellant's appendix; and it is further,

ORDERED that the branch of the motion which is to extend the time of the respondent Constance M. Gunn to serve and file a brief is granted, the time of the respondent Constance M. Gunn to serve and file a brief is extended until February 22, 2019, and the brief of the respondent Constance M. Gunn shall be served and filed on or before that date.

DILLON, J.P., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court