Opinion
Motion Nos. 2021-09582 2022-01995 2022-02013 Index No. 7637/2016
04-03-2024
Diane Petrunti, respondent, v. Anthony Petrunti, appellant.
Unpublished Opinion
MOTION DECISION
M295422
FRANCESCA E. CONNOLLY, J.P., LINDA CHRISTOPHER, BARRY E. WARHIT, CARL J. LANDICINO, JJ.
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. The appeals from the judgments were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent to dismiss the appeal from the order or, in the alternative, to strike the appendix and the appellant's brief, inter alia, on the ground that they contain and refer to matter dehors the record. By order to show cause dated January 19, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the order was superseded by the judgments and the motion by the respondent was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the dismissal of the appeals from the judgments pursuant to 22 NYCRR 1250.10(a) are vacated and the appeal from the order is consolidated with the appeals from the judgments; and it is further, ORDERED that the motion to dismiss the appeal from the order on the ground that the order was superseded by the judgments is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and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 branches of the respondent's motion which are to dismiss the appeal from the order or, in the alternative, to strike the appendix and the appellant's brief are granted to the extent that the appendix and the appellant's brief are stricken, and on or before May 3, 2024, the appellant shall serve and file, via NYSCEF, a replacement appendix that contains the order, the judgments, all relevant papers considered by the Supreme Court in connection with the determination contained in the order and the judgments, the transcripts of the November 22, 2021, hearing, and a corrected cover that contains Appellate Division Docket Nos. 2022-01995 and 2022-02013 in addition to Appellate Division Docket No., and a replacement brief that does not refer to matter dehors the record and that has a corrected cover that contains Appellate Division Docket Nos. 2022-01995 and 2022-02013 in addition to Appellate Division Docket No., and those branches of the motion are otherwise denied; and it is further, ORDERED that the branch of the respondent's motion which is to extend the time to serve and file a brief is granted, and on or before June 3, 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.
CONNOLLY, J.P., CHRISTOPHER, WARHIT and LANDICINO, JJ., concur.