Appellate Division: Second Judicial Department

M159184

E/sl

RANDALL T. ENG, P.J.

MARK C. DILLON

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2007-10997, 2007-11001, 2008-00215 Allan Cohen, respondent, v Joan Cohen, appellant. (Index No. 204031/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from a judgment of the Supreme Court, Nassau County, entered November 2, 2007, and two orders of the same court dated October 30, 2007, and December 3, 2007, respectively. Cross motion by the respondent, in effect, to dismiss the appeals for failure to timely prosecute and to direct the receiver to distribute the balance of the proceeds of the sale of the marital premises.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross motion which is, in effect, to dismiss the appeals for failure to timely prosecute is granted and the appeals are dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior orders of this Court; and it is further,

ORDERED that on the Court's own motion, the stay of the distribution of the balance of the proceeds of the sale of the marital premises contained in the decision and order on motion of this Court dated December 14, 2012, is vacated; and it is further,

ORDERED that the branch of the cross motion which is to direct the receiver to distribute the balance of the proceeds of the sale of the marital premises is denied as academic.

ENG, P.J., DILLON, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court