| WALTER J. NARY, II, V ROSEMARY JONIENTZ, . WALTER J. NARY, II V ROSEMARY JONIENTZ (APPEAL NO. 2.) |
| Motion No: CA 12-01909 |
| Slip Opinion No: 2013 NY Slip Op 65882(U) |
| Decided on February 22, 2013 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
DOCKET NO. CA 12-01909
DOCKET NO. CA 12-02170
| WALTER J. NARY, II, PLAINTIFF-RESPONDENT-APPELLANT,
V ROSEMARY JONIENTZ, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 1.) WALTER J. NARY, II,
PLAINTIFF-RESPONDENT, V ROSEMARY JONIENTZ, DEFENDANT-APPELLANT. (APPEAL NO. 2.) |
Plaintiff having moved for an extension of time to file and serve a brief and extend the time to perfect the cross appeal on the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 2, 2012, and April 10, 2012,
Now, upon reading and filing the affirmation of Richard P. Amico, Esq., dated January 24, 2013, the notice of motion with proof of service thereof, and the affirmation of Gary H. Abelson, Esq., dated January 25, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that the cross appeal is perfected and plaintiff's brief is filed and served on or before March 25, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs shall be filed and served on or before April 9, 2013.
Entered: February 22, 2013
Frances E. Cafarell, Clerk