Appellate Division: Second Judicial Department

M277931

E/sl

SYLVIA O. HINDS-RADIX, J.P.

COLLEEN D. DUFFY

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2021-00733 Yinuo Yin, appellant, v Xiao Feng Qiao, respondent. (Index No. 800114/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated December 21, 2020. Motion by the respondent, inter alia, to strike the appellant's appendix on the ground that the appendix is inadequate and contains matter dehors the record, and to extend the time to serve and file a brief.

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 strike the appellant's appendix on the ground that the appellant's appendix is inadequate and contains matter dehors the record is granted, the appellant's appendix and the appellant's brief are stricken, and on or before August 23, 2021, the appellant shall serve and file, via NYSCEF, a replacement appellant's appendix which contains the papers considered by the Supreme Court in connection with the motion and cross motion that were determined by the order dated December 21, 2020, and does not contain matter dehors the record, and a replacement appellant's brief that contains page references to the replacement appellant's appendix; and it is further,

ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is granted, and on or before September 22, 2021, the respondent shall serve and file the respondent's brief via NYSCEF; and it is further,

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

ORDERED that pursuant to 22 NYCRR 670.3(b)(2),(3), the time of the attorney for

the child to serve and file a brief is extended, and on or before September 22, 2021, the attorney for the child shall serve and file a brief via NYSCEF.

HINDS-RADIX, J.P., DUFFY, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court