| Yinuo Yin v Xiao Feng Qiao |
| Motion No: 2021-00733 |
| Slip Opinion No: 2021 NY Slip Op 73460(U) |
| Decided on October 20, 2021 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M279685
MB/
REINALDO E. RIVERA, J.P.
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI
WILLIAM G. FORD, 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 appellant, in effect, for summary reversal. Separate motion by the respondent, inter alia, to strike the replacement appellant's appendix on the ground that the replacement appellant's 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 motions and the papers filed in opposition thereto, it is
ORDERED that the appellant's motion is denied; and it is further,
ORDERED that the branch of the respondent's motion which is strike the replacement appellant's appendix on the ground that the replacement appellant's appendix is inadequate and contains matter dehors the record is granted, the replacement appellant's appendix and the appellant's brief are stricken, and on or before November 19, 2021, the appellant shall serve and file, via NYSCEF, a replacement appellant's appendix which contains all 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 respondent's motion which is to extend the respondent's time to serve and file a brief is granted, and on or before December 20, 2021, the respondent shall serve and file the respondent's brief via NYSCEF; and it is further,
ORDERED that the respondent's motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the time of the attorney for the child to serve and file a brief is extended, and on or before December 20, 2021, the attorney for the child shall serve and file a brief via NYSCEF.
RIVERA, J.P., BRATHWAITE NELSON, IANNACCI and FORD, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court