Appellate Division: Second Judicial Department

M271359

E/sl

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. 6760/2011)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Orange County, dated June 25, 2018, and appeal from an order of the same court dated August 23, 2018. Motion by the appellant-respondent to extend the time to comply with so much of a decision and order on motion of this Court dated January 2, 2020, as denied the respondent-appellant's motion to dismiss the appeals on condition that the appellant-respondent settle the transcript of the proceedings, 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 remove certain pages from the joint record, and for a preference in the calendaring of the appeals and cross appeal. Separate motion by the appellant-respondent, in effect, to direct the respondent-appellant to stipulate to the accuracy to the transcript of the proceedings which occurred on June 20, 2017, and to preclude the respondent-appellant from seeking an extension of time to serve and file a brief.

Upon the papers filed in support of the motions 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 comply with stated portions of the decision and order on motion of this Court dated January 2, 2020, is granted and the appellant-respondent shall (1) settle the transcript of the proceedings on or before August 3, 2020, (2) serve 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 upload a digital copy of the supplemental joint record, with proof of service thereof, through the digital portal on this Court's website on or before August 3, 2020, and file an original and five hard copies of the supplemental joint record in accordance with any applicable administrative order or other order to be issued by the Court, (3) either (a) upload a replacement digital copy of the joint record which does not contain the material on pages on pages 377-385, 425-431, 444-448, 522-591, 600, 601, 812-814, and 862-868 but maintains the same pagination for the remaining pages, and remove those pages from the copies of the joint record filed with the Clerk of the Court on or before August 3, 2020, or (b) serve a replacement joint record which does not contain those pages, but maintains the same page numbers for the remaining pages, and upload the replacement joint record, with proof of service thereof, through the digital portal on this Court's website on or before August 3, 2020, and file an original and five hard copies of the replacement joint record in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

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

ORDERED that on the Court's own motion, the respondent-appellant's time to serve and file a brief is extended, and on or before September 2, 2020, the respondent-appellant shall serve the respondent-appellant's brief and upload a digital copy of the respondent-appellant's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the respondent-appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court.

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

ENTER:

Aprilanne Agostino

Clerk of the Court