Appellate Division: Second Judicial Department

M270140

kbp/

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2015-03521 Jeanne Altman, plaintiff, Charles Altman, appellant, v Richard S. DiPreta, et al., respondents, et al., defendant. (Index No. 52574/14)

DECISION & ORDER ON MOTION

Motion by the respondents Richard S. DiPreta and The DiPreta Law Firm, LLP, inter alia, to dismiss an appeal from an order of the Supreme Court, Westchester County, dated March 24, 2015, on the ground that the appellant's appendix is inadequate and that it contains matter dehors the record, and to extend the time to serve and file a brief. Separate motion by the respondent Richard J. Slagle to extend the time to serve and file a brief. Cross motion by the appellant, inter alia, to refer the matter to the United States Department of Justice or the United States Attorney's office.

Upon the papers filed in support of the motion by the respondents Richard S. DiPreta and The DiPreta Law Firm, LLP, and the papers filed in opposition thereto, upon the papers filed in support of the motion by the respondent Richard J. Slagle and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion by the respondents Richard S. DiPreta and The DiPreta Law Firm, LLP, which is to dismiss the appeal on the ground that the appellant's appendix is inadequate and that it refers to matter dehors the record, is denied on condition that on or before April 6, 2020, the appellant shall serve and file a replacement appellant's appendix that complies with the rules of this Court and does not contain matter dehors the record, and that contains all of the motion papers considered by the Supreme Court, Westchester County, in determining the motions that resulted in the order dated March 24, 2015, and serve and file a replacement brief that contains citations to the appellant's replacement appendix; and it is further,

ORDERED that the branch of the motion by the respondents Richard S. DiPreta and The DiPreta Law Firm, LLP, which is to extend the time to serve and file a brief is denied as unnecessary; and it is further,

ORDERED that the motion by the respondents Richard S. DiPreta and The DiPreta Law Firm, LLP, is otherwise denied; and it is further,

ORDERED that the motion by the respondent Richard J. Slagle is denied as unnecessary; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., CHAMBERS, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court