Appellate Division: Second Judicial Department

M49864

E/sl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON, JJ.

2005-09757 S. Lange Genatowski, respondent-appellant, v Roselee Genatowski, appellant-respondent. (Index No. 01-20080)

DECISION & ORDER ON MOTION

Motion by S. Lange Genatowski, inter alia, for leave to reargue that branch of the motion of Roselee Genatowski which was to dismiss a cross appeal from a judgment of the Supreme Court, Westchester County, dated September 1, 2005, on the ground that it was not timely taken, which was determined by decision and order on motion of this court dated July 24, 2006.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to reargue is granted, upon reargument, so much of the decision and order on motion of this court dated July 24, 2006, as granted that branch of the motion of Roselee Genatowski which was to dismiss the cross appeal is recalled and vacated, that branch of the motion is denied, the cross appeal is reinstated, and the time of S. Lange Genatowski to serve and file (1) an answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), and (2) an appendix containing the notice of cross appeal and any other material pursuant to 22 NYCRR 670.10.2(c) is enlarged and the answering brief and the appendix shall be served and filed on or before February 26, 2007; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., SPOLZINO, KRAUSMANand LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court