Appellate Division: Second Judicial Department

M294002

KS/

ANGELA G. IANNACCI, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

CARL J. LANDICINO, JJ.

2023-01242 In the Matter of Melissa Hampton, appellant, v Sinan Aral, respondent. (Index No. 54594/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated December 21, 2022. Motion by the respondent to dismiss the appeal, inter alia, on the ground that the appendix is inadequate or, in the alternative, 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 to dismiss the appeal is granted to the extent that the appendix is stricken, and on or before March 6, 2024, the appellant shall serve and file a replacement appendix that contains all the papers filed in support of and in opposition to the appellant's motion for an award of interim counsel fees and that is certified in accordance with 22 NYCRR 1250.7(g), via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload a digital copy of the replacement appendix, with proof of service thereof, through the digital portal on this Court's website, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the respondent's motion which is to extend the time to serve and file a brief is granted, and on or before April 5, 2024, the respondent shall serve and file its 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.

IANNACCI, J.P., MALTESE, VOUTSINAS and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court