| Axelrod v Axelrod |
| Motion No: 2005-03447 |
| Slip Opinion No: 2006 NYSlipOp 71850(U) |
| Decided on July 12, 2006 |
| 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
M42003
S/sl
STEPHEN G. CRANE, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2005-03447 Helen Axelrod, appellant-respondent, v Howard Axelrod, respondent-appellant. (Index No. 00-17886)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant on an appeal and cross appeal from a judgment of the Supreme Court, Westchester County, dated February 28, 2005, to dismiss the appeal by the appellant-respondent for failure to timely perfect the same in accordance with this court's rules (see 22 NYCRR 670.8[e]) and prior orders, and to enlarge the time to perfect the cross appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal by the appellant-respondent is dismissed, without costs or disbursements; and it is further,
ORDERED that the respondent-appellant's time to perfect his appeal is enlarged until August 14, 2006, and the record or appendix on the appeal and the respondent-appellant's brief must be served and filed on or before that date.
CRANE, J.P., RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court