| Embury v Embury |
| Motion No: 2006-05280 |
| Slip Opinion No: 2007 NYSlipOp 62771(U) |
| Decided on February 8, 2007 |
| 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
M50591
E/mv
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2006-05280
Darlene Embury, respondent, v James Embury, appellant. (Index No. 149/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated December 21, 2005, for failure to timely perfect. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed on support of the motion and the papers filed in opposition thereto, and the application, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until March 26, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
RIVERA, J.P., SKELOS, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court