Appellate Division: Second Judicial Department

M308333

AFA/

LARA J. GENOVESI, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

LOURDES M. VENTURA, JJ.

2024-06281 Peter J. Kepley, respondent, v Elisabeth Kepley, etc., appellant. (Index No. 55083/2019)

DECISION & ORDER ON MOTION

2025-10084

Elizabeth Kepley, appellant,

v David Kepley, respondent.

(Index No. 097/2025)

Appeals from a decision and order (one paper) of the Supreme Court, Westchester County, dated May 8, 2024, and an order of the Supreme Court, Orange County, dated June 30, 2025. Motion by the appellant to extend the time to perfect the appeal from the order dated May 8, 2024. Cross-motion by the respondent to impose sanctions upon the appellant for engaging in frivolous conduct on the appeal from the order dated May 8, 2024. Separate motion by the appellant to strike stated portions of the trial and deposition transcripts on the ground that they refer to matter dehors the record, to take judicial notice of certain documents, to impose sanctions on the respondent's attorney, and to refer the respondent's attorney to the disciplinary committee on the appeal from the order dated May 8, 2024. Separate motion by the appellant, inter alia, in effect, to strike stated portions of the trial record on the appeal from the order dated May 8, 2024. Separate motion by the appellant to consolidate the appeals. Separate motion by the appellant for waiver of costs, fees, and expenses and for the assignment of counsel on the appeal from the order dated June 30, 2025. Separate motion by the appellant, in effect, to direct the clerk of the Supreme Court, Orange County, to file all documents constituting the record on appeal on the appeal from the order dated June 30, 2025, to be filed with the Clerk of this Court.

Upon the papers filed in support of the motion to extend the time to perfect the appeal from the order dated May 8, 2024, and the cross-motion and the papers filed in opposition thereto, upon the papers filed in support of the separate motions by appellant to strike stated portions of the trial and deposition transcripts on the ground that they refer to matter dehors the record, to take judicial notice of certain documents, to impose sanctions on the respondent's attorney, and to refer the respondent's attorney to the disciplinary committee on the appeal from the order dated May 8, 2024, to strike stated portions of the trial record on the appeal from the order dated May 8, 2024, to consolidate the appeals and the papers filed in opposition and in relation thereto, and upon the papers filed in support of separate motions by the appellant for waiver of costs, fees, and expenses and for the assignment of counsel on the appeal from the order dated June 30, 2025, and, in effect, to direct the clerk of the court of original instance to file all documents constituting the record on appeal from the order dated June 30, 2025, to be filed with the Clerk of this Court and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the appellant to extend the time to perfect the appeal from the order dated May 8, 2024 is granted, and on or before November 17, 2025, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motions and cross-motion are otherwise denied.

GENOVESI, J.P., CHRISTOPHER, WAN and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court