Appellate Division: Second Judicial Department

M281474

E/sl

ANGELA G. IANNACCI, J.P.

REINALDO E. RIVERA

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2020-09196 Theresa Del Vecchio, appellant, v Joseph Del Vecchio, respondent. (Index No. 12522/2009)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated October 13, 2020. Motion by the respondent, in effect, to strike the record as inadequate and direct the appellant to serve and file a replacement record, to impose a sanction upon the appellant, and to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to direct the appellant to serve and file a replacement record is granted to the extent that on or before March 16, 2022, the appellant shall serve and file a supplemental record, via NYSCEF, if applicable, which contains the affirmation of Christine K. Weinberg dated March 3, 2020, with annexed exhibits, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; 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 April 15, 2022, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion is otherwise denied.

IANNACCI, J.P., RIVERA, WOOTEN and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court