| Sagaria v Sagaria |
| Motion No: 2020-07838 |
| Slip Opinion No: 2022 NY Slip Op 74944(U) |
| Decided on November 28, 2022 |
| 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
M286164
AFA/
FRANCESCA E. CONNOLLY, J.P.
ANGELA G. IANNACCI
ROBERT J. MILLER
WILLIAM G. FORD, JJ.
|
2020-07838 John Sagaria, appellant, v Cynthia Sagaria, respondent. (Index No. 8102/2013)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Orange County, dated December 4, 2020. Motion by the appellant to extend the time to serve and file a replacement appendix. Motion by the respondent to dismiss the appeal, inter alia, on the ground that the appellant failed to timely serve and file the replacement appendix.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appellant's motion is granted, and on or before December 28, 2022, the appellant shall serve and file a replacement appendix which includes the judgment, the pleadings, and material excerpts from the transcripts of testimony in compliance with CPLR 5528 and 22 NYCRR 1250.7(d); and it is further,
ORDERED that the respondent's motion is denied.
CONNOLLY, J.P., IANNACCI, MILLER and FORD, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court