Semel v Lempel
Motion No: 2018-01899
Slip Opinion No: 2019 NY Slip Op 67397(U)
Decided on April 8, 2019
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M261674

E/afa

REINALDO E. RIVERA, J.P.

MARK C. DILLON

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2018-01899

Jay Yehuda Semel, respondent,

v Joyce Lempel, appellant.

(Index No. 15335/05)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, in effect, to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered November 30, 2017, on the ground that the appellant's appendix is inadequate or, in the alternative, 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 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 May 8, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied without prejudice to serving and filing a respondent's appendix.

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

ENTER:

Aprilanne Agostino

Clerk of the Court