Rock v Rock
Motion No: 2010-10084
Slip Opinion No: 2011 NY Slip Op 67887(U)
Decided on March 23, 2011
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M116771

J/sl

2010-10084, 2010-10266

ORDER ON APPLICATION

Anthony Rock, appellant-respondent,

v Thomas A. Rock, respondent-appellant.

(Index No. 07-22581)

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Westchester County, dated July 12, 2010, and a judgment of the same court dated August 17, 2010. Application by the respondent-appellant for to enlarge the time to perfect the cross appeal from the judgment.

Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application of the appellant-respondent is granted and the appellant-respondent's time to perfect the appeals is enlarged until June 6, 2011, and the joint record or appendix on the appeals (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the application of the respondent-appellant is denied as premature as the appellant-respondent has not perfected the appeals.

ENTER:

Matthew G. Kiernan

Clerk of the Court