Opinion
2010-07697 Index No. 27212/07 M149241
01-08-2013
Jamesetta Halley-Boyce, respondent, v. Hillary Randolph Boyce, appellant.
, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated December 6, 2012, in the above-captioned appeal is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the respondent, inter alia, in effect, to strike the appellant's replacement appendix on an appeal from a judgment of the Supreme Court, Queens County, entered April 2, 2010, on the ground that it contains matter dehors the record. Separate motion by the appellant to enlarge his time to file a supplemental appendix in accordance with the decision and order on motion of this Court dated August 10, 2012.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to strike the appellant's replacement appendix is granted and that motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the appellant is granted leave to prosecute the appeal on the original papers; and it is further,
ORDERED that the appellant's motion to enlarge the time to comply with the decision and order on motion of this Court dated August 10, 2012, is denied as academic; and it is further,
ORDERED that on the Court's own motion the respondent's time to serve and file a brief is enlarged until January 7, 2013, and the respondent's brief must be served and filed on or before that date.
RIVERA, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court