Appellate Division: Second Judicial Department

M264055

E/sl

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2018-05950 Lydia Badr, appellant, v Kenneth I. Blumberg, etc., respondent, et al., defendants. (Index No. 35885/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Rockland County, dated April 12, 2019, on the ground that the appellant's appendix is inadequate or, in the alternative, to extend the time to serve and file a brief. Separate motion by the appellant for leave to serve and file a supplemental appendix and for poor person relief in the form of waiver of printing costs related to the supplemental appendix or for leave to refer to the appellant's appendix filed in connection with related appeals.

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

ORDERED that the branch of the respondent's motion which is to dismiss the appeal is denied on condition that on or before August 7, 2019, the appellant serves and files a supplemental appendix containing such parts of the record on appeal as are necessary to permit this Court to fully consider the issues raised by the appellant and the respondent to the extent that such material is not already contained in the main appendix in compliance with CPLR 5528 and 22 NYCRR 1250.7(d); and it is further,

ORDERED that the branch of the respondent's motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until September 11, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the appellant's motion is granted to the extent indicated herein with regard to the supplemental appendix and is otherwise denied.

RIVERA, J.P., HINDS-RADIX, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court