Appellate Division: Second Judicial Department

M277137

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2015-03521 Jeanne Altman, plaintiff, Charles Altman, appellant, v Richard S. DiPreta, et al., respondents, et al., defendant. (Index No. 52574/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated March 24, 2015.

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated July 28, 2020, in the above-entitled case is recalled and vacated; and it is further,

ORDERED that the decision and order on motion of this Court dated March 6, 2020, is amended and 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 (1) on or before June 21, 2021, the appellant serve 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, serve a replacement brief that contains citations to the appellant's replacement appendix, and upload digital copies of the replacement appellant's appendix and the replacement brief, with proof of service thereof, through the digital portal on this Court's website, and (2) the appellant file an original and five hard copies of the replacement appellant's appendix and the replacement brief in accordance with any applicable administrative order or other order to be issued by the Court.

MASTRO, A.P.J., RIVERA, DILLON, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court