| Powers v Wilson |
| Motion No: 2009-08968 |
| Slip Opinion No: 2010 NY Slip Op 68795(U) |
| Decided on April 19, 2010 |
| 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
M101536
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2009-08968, 2009-09814 Raymond A. Powers, appellant-respondent, v Catherine M. Wilson, respondent-appellant. (Index No. 03-1903)
| DECISION & ORDER ON MOTION |
Motion by Catherine M. Wilson to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated August 11, 2009 (Appellate Division Docket No. 2009-08968), and for leave to perfect the appeal on the original papers. Application by Raymond A. Powers pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the same court dated August 21, 2009 (Appellate Division Docket No. 2009-09814).
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the application, it is
ORDERED that on the court's own motion, Catherine M. Wilson's notice of appeal from the order dated August 11, 2009 (Appellate Division Docket No. 2009-08968), is deemed to be a notice of appeal from the order dated August 21, 2009 (Appellate Division Docket No. 2009-09814) (see CPLR 5512), Catherine M. Wilson may make any substantive arguments concerning the order dated August 11, 2009, as a cross appellant on a cross appeal from the order dated August 21, 2009, and the appeal pending under Appellate Division Docket No. 2009-08968 is dismissed as duplicative; and it is further,
ORDERED that the motion and application are granted to the extent that Raymond A. Powers's time to perfect the appeal is enlarged until June 14, 2010, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and his brief must be served and filed on or before that date; and it is further,
ORDERED that Catherine M. Wilson shall serve and file an answering brief, including her points of argument on the cross appeal, in accordance with the rules of the court (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the motion and application are otherwise denied.
DILLON, J.P., BALKIN, LOTT and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court