Opinion
Motion No: 2015-06994
05-31-2016
M212396
E/sl
JOHN M. LEVENTHAL, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
(Index No. 425/11)
DECISION & ORDER ON MOTION
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated May 5, 2015, to extend the time to comply with a decision and order on motion of this Court dated March 16, 2016. Application by the respondent to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and on or before June 30, 2016, the appellant shall either:
(1) serve and file a supplemental record containing the material annexed to the papers filed in support of the respondent's cross motion as Exhibit Nos. 5 through 21, 25 through 32, and 34 through 36, remove pages A19 through A22, A34, A35, A85, A92 through A97, A104, and A107 through A111 from the copies of the record filed with the Clerk of the Court, and either insert the material annexed to the papers filed in support of the respondent's cross motion as Exhibit Nos. 22 through 24 and 33 to replace the material formerly located on pages A92 through A97 and A108 through 111, respectively, of the copies of the record filed with this Court or include Exhibit Nos. 22 through 24 and 33 in the supplemental record; or
(2) serve and file a replacement record containing the material annexed to the papers filed in support of the respondent's cross motion as Exhibit Nos. 5 through 36 as well as the material in the original record, except the omitted material on pages A19 through A22, A34, A35, A85, A92 through A97, A104, and A107; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until August 1, 2016, and the respondent's brief must be served and filed on or before that date.
LEVENTHAL, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court