Appellate Division: Second Judicial Department

M267777

E/sl

ALAN D. SCHEINKMAN, P.J.

JEFFREY A. COHEN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2019-00907 Dorit Tuchman, respondent, v Dov Tuchman, appellant. (Index No. 11252/17)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, entered November 8, 2018, inter alia, to direct the appellant to serve and file a replacement record on the ground that the record filed by the appellant is inadequate, in effect, to direct the appellant to serve and file a replacement brief that refers only to the material in the replacement record, and 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 branches of the motion which are to direct the appellant to serve and file a replacement record and, in effect, to direct the appellant to serve and file a replacement brief are granted, the record and the appellant's brief are stricken, and on or before December 30, 2019, the appellant shall serve and file a replacement record that contains the motion papers reviewed by the Supreme Court in connection with the motion that was determined by the order entered November 8, 2018, and shall serve and file a replacement brief that refers only to the material in the replacement record; and it is further,

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 January 30, 2020, 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.

SCHEINKMAN, P.J., COHEN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court