Appellate Division: Second Judicial Department

M266500

E/sl

LEONARD B. AUSTIN, J.P.

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2018-13115 Shantel Hamilton, etc., respondent, v Mirsad Pejdah, et al., appellants. (Index No. 151618/17)

DECISION & ORDER ON MOTION

2019-08861

Shantel Hamilton, etc., appellant,

v Mirsad Pejdah, et al., respondents.

(Index No. 151618/17)

Motion by Shantel Hamilton to dismiss an appeal from an order of the Supreme Court, Richmond County, dated October 3, 2018, on the ground that the appendix contains matter dehors the record, to extend the time to perfect her appeal from an order of the same court dated July 15, 2019, in effect, to consolidate the appeals, for leave to file an oversized brief containing up to 28,000 words in connection with the two appeals, and to disqualify the respondent's counsel. Application by Shantel Hamilton pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a respondent's brief in connection with the appeal from the order dated October 3, 2018.

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

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from an order dated July 15, 2019, is denied as premature; and it is further,

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

ORDERED that the application is granted, Shantel Hamilton's time to serve and file a respondent's brief in connection with the appeal from the order dated October 3, 2018, is extended until November 12, 2019, and the brief shall be served and filed on or before that date.

AUSTIN, J.P., DUFFY, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court