Appellate Division: Second Judicial Department

M265956

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

JOHN M. LEVENTHAL

ANGELA G. IANNACCI, JJ.

2018-02915 Antoinette Gravagna, respondent, v Joseph Gravagna, appellant. (Index No. 53/16)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Rockland County (IDV Part), entered March 8, 2018, on the ground that the appellant's appendix is inadequate, to strike stated portions of the appellant's appendix and the appellant's brief on the ground that they contain or refer to matter dehors the record, or, in the alternative, to extend the time to serve and file a brief. Separate motion by the appellant, inter alia, in effect, to preclude the respondent from filing a brief and for poor person relief.

Upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's 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 on the ground that the appellant's appendix is inadequate is denied on condition that on or before October 21, 2019, the appellant serve and file a supplemental appellant's appendix containing the order of the Supreme Court, Rockland County, dated October 30, 2017, and a complete copy of the Family Offense Petition dated September 9, 2016; and it is further,

ORDERED that the branch of the respondent's motion which is to strike stated portions of the appellant's appendix and the appellant's brief on the ground that they contain or refer to matter dehors the record is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; 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 November 20, 2019, and the respondent's brief shall be served and filed on or before that date; 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.

RIVERA, J.P., AUSTIN, LEVENTHAL and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court