Appellate Division: Second Judicial Department

M261588

E/afa

REINALDO E. RIVERA, J.P.

MARK C. DILLON

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2018-13622 Joshua Ambrose, respondent, v Meghan Ambrose, appellant. (Index No. 202924/15)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered August 20, 2018, on the ground that the appellant's appendix is inadequate. Motion by the appellant for a preference in the calendaring of the appeal.

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

ORDERED that the branch of the respondent's motion which is to dismiss the appeal is denied without prejudice to serving and filing a respondent's appendix; and it is further,

ORDERED that the respondent's motion is otherwise denied; and it is further,

ORDERED that the appellant's motion is denied; and it is further,

ORDERED that pursuant to § 670.3(b)(2) of the rules of this Court (see 22 NYCRR 670.3[b][2]), the respondent's time to serve and file a brief is extended until May 2, 2019, and the respondent's brief shall be served and filed on or before that date.

RIVERA, J.P., DILLON, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court