| Lian v County of Westchester |
| Motion No: 2011-11801 |
| Slip Opinion No: 2012 NY Slip Op 78867(U) |
| Decided on July 16, 2012 |
| 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
M140547
E/ct
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2011-11801 Peter Lian, etc., respondent, v County of Westchester, defendant third-party plaintiff- respondent-appellant; YWCA of White Plains, third-party defendant-appellant-respondent. (Index No. 13614/09)
| DECISION & ORDER ON MOTION |
Motion by the County of Westchester pursuant to CPLR 2101(f) to amend a notice of cross appeal from an order of the Family Court, Kings County, dated April 26, 2012, to reflect the correct entry date of the order, and to enlarge its time to perfect its appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is pursuant to CPLR 2101(f) to amend a notice of cross appeal is granted and the notice of cross appeal is amended to reflect that the order was entered November 28, 2011 (see CPLR 2001); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal by County of Westchester is denied as unnecessary as County of Westchester timely served and filed its answering brief, including its points of argument on the cross appeal, on July 3, 2012.
SKELOS, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court