| Petrunti v Petrunti |
| Motion No: 2021-09582 |
| Slip Opinion No: 2025 NY Slip Op 67163(U) |
| Decided on April 21, 2025 |
| 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
M304527
AFA/
LARA J. GENOVESI, J.P.
WILLIAM G. FORD
LAURENCE L. LOVE
DONNA-MARIE E. GOLIA, 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 or, in the alternative, to strike the second replacement appendix on the ground that it contains matter dehors the record and is inadequate, and to strike stated portions of the second replacement appellant's brief on the ground that it refers to matter dehors the record, 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 branch of the motion which is to dismiss the appeals is denied; and it is further,
ORDERED that the branch of the motion which is to strike the appendix is granted to the extent that, on or before June 5, 2025, the appellant shall serve and file a supplemental appendix containing all hearing exhibits, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental appendix and upload a digital copy of the supplemental appendix, 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 strike stated portions of the appellant's brief is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; 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, and on or before July 7, 2025, 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.
GENOVESI, J.P., FORD, LOVE and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court