Appellate Division: Second Judicial Department

M273987

E/sl

ALAN D. SCHEINKMAN, P.J.

MARK C. DILLON

HECTOR D. LASALLE

LINDA CHRISTOPHER, JJ.

2019-09826 Susanne Aberbach-Marolda, etc., et al., respondents, v Daniel Cherner, appellant. (Index No. 58495/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Westchester County, dated August 13, 2019. Motion by the respondent Susanne Aberbach-Maroldas to dismiss the appeal for failure to settle the transcripts of the proceedings and on the ground that the appellant's appendix and the appellant's brief contain or refer to matter dehors the record.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant's appendix and the appellant's brief contain or refer to matter dehors the record is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal for failure to settle the transcripts of the proceedings is denied on the condition that on or before December 8, 2020, the appellant settle the transcript of the proceedings and serve and file, via NYSCEF, a supplemental appellant's appendix containing an errata sheet, a properly settled transcript, or an affirmation pursuant to CPLR 5525(c)(2).

SCHEINKMAN, P.J., DILLON, LASALLE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court