Appellate Division: Second Judicial Department

M268647

E/mb

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2018-10242, 2018-14752 John Bruzzese, respondent-appellant, v Sylvia Bruzzese, appellant-respondent. (Index No. 6760/11)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and a cross appeal from an order of the Supreme Court, Orange County, dated June 25, 2018, and an appeal from an order of the same court dated August 23, 2018, to dismiss the appeals on the ground that the joint record is inadequate and contains matter dehors the record, or, in the alternative, for leave to serve and file a supplemental joint record and to extend the time to serve and file a brief. Separate motion by the appellant-respondent to strike the respondent-appellant's motion.

Upon the papers filed in support of the respondent-appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the appellant-respondent's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the respondent-appellant's motion which is to dismiss the appeals is denied on condition that on or before February 3, 2020, the appellant-respondent (1) settle the transcript of the proceedings, (2) serve and file a supplemental joint record containing the transcript of the proceedings which occurred on June 20, 2017, and an errata sheet detailing changes to the transcript contained in the joint record after it was settled or a statement that no changes are necessary, and (3) remove pages 377-385, 425-431, 444-448, 522-591, 600, 601, 812-814, and 862-868 from the copies of the joint record filed with the Clerk of the Court and file a replacement digital copy of the joint record which does not contain the stricken material, or serve and file a replacement joint record, in both hard copy format and digital format in accordance with the rules (see 22 NYCRR 1250.9[c][1]),which does not contain those pages; and it is further,

ORDERED that the branch of the respondent-appellant's motion which is to extend the time to serve and file a brief is granted, the respondent-appellant's time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]), is extended until March 4, 2020, and the brief shall be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant's motion is otherwise denied; and it is further,

ORDERED that the appellant-respondent's motion is denied.

DILLON, J.P., AUSTIN, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court