Appellate Division: Second Judicial Department

M300130

KS/

BETSY BARROS, J.P.

WILLIAM G. FORD

LAURENCE L. LOVE

PHILLIP HOM, JJ.

2021-09582, 2022-01995, 2022-02013 Diane Petrunti, respondent, v Anthony Petrunti, appellant. (Index No. 7637/2016)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Suffolk County, dated December 15, 2021, and from two judgments of the same court, both dated February 18, 2022. Motion by the respondent to dismiss the appeals for failure to comply with decisions and orders on motion of this Court dated April 3, 2024, and June 10, 2024, respectively or, in the alternative, to strike the replacement appendix and appellant's brief, inter alia, on the grounds that they contain and refer to matter dehors the record and the replacement appendix is inadequate, 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 branches of the motion which are to dismiss the appeals for failure to comply with decisions and orders on motion of this Court dated April 3, 2024, and June 10, 2024, or, in the alternative, to strike the replacement appendix and appellant's brief, inter alia, on the grounds that they contain and refer to matter dehors the record and the replacement appendix is inadequate are granted to the extent that pages A-120, A-147 through A-148, A-179 through A-208, and A-299 through A-340 of the replacement appendix and the replacement appellant's brief are stricken, and on or before November 20, 2024, the appellant shall serve and file, via NYSCEF, (1) a second replacement appendix that does not contain the stricken material, that contains all relevant papers considered by the Supreme Court, Suffolk County, in connection with the determinations contained in the order and the judgments, including but not limited to the papers filed in support of all applications for attorney's fees and sanctions that were determined in the order and judgments and all hearing exhibits, that contains a table of contents that accurately describes the papers included in the appendix, and that is properly paginated in compliance with CPLR 5528 and 5529 and 22 NYCRR 1250.7(d); and (2) a second replacement brief that does not refer to matter that was not before the Supreme Court, Suffolk County, in connection with the determinations contained in the order and the judgments and that contains appropriate page citations to the second replacement appendix, and those branches of the motion are otherwise denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended, and on or before December 20, 2024, 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.

BARROS, J.P., FORD, LOVE and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court