| Musick v 330 Wythe Avenue Associates, LLC |
| Motion No: 2005-09902 +1 |
| Slip Opinion No: 2006 NYSlipOp 82506(U) |
| Decided on December 22, 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
M48523
E/sl
A. GAIL PRUDENTI, P.J.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2005-09902 Natalie Musick, respondent, v 330 Wythe Avenue Associates, LLC, appellant. (Appeal No. 1) 2006-04738 Natalie Musick, respondent-appellant, v 330 Wythe Avenue Associates, LLC, appellant-respondent. (Appeal No. 2) (Index No. 42279/02)
| DECISION & ORDER ON MOTION |
Motion by Natalie Musick on appeals from an order of the Supreme Court, Kings County, dated September 14, 2005, and a judgment of the same court dated March 30, 2006, for leave to reargue that branch of her motion which was, in effect, to deem a notice of cross appeal from an order of the same court dated July 5, 2005, to be a premature notice of cross appeal from the judgment, which was determined by decision and order on motion of this court dated August 24, 2006, and to enlarge her time to serve and file a brief.
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, upon reargument, so much of the decision and order on motion of this court dated August 24, 2006, as denied that branch of the motion which was, in effect, to deem the notice of cross appeal from the order dated July 5, 2005, to be a premature notice of cross appeal from the judgment is vacated, and that branch of the motion is granted; the notice of cross appeal from the order dated July 5, 2005, is deemed to be premature notice of appeal from the judgment (see CPLR 5520[c]), on condition that at the time Natalie Musick files a brief she submits proof that she has paid for her share of the joint record on appeal pursuant to 22 NYCRR 670.8(c)(1); and it is further,
ORDERED that Natalie Musick's time to serve and file her answering brief, including her points of argument on the cross appeal from the judgment, is enlarged until January 22, 2007 (see 22 NYCRR 670.8[c][3]), and Natalie Musick shall serve and file her answering brief on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
PRUDENTI, P.J., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court