| Tso-Horiuchi v Horiuchi |
| Motion No: 2012-03847 |
| Slip Opinion No: 2013 NY Slip Op 81928(U) |
| Decided on August 9, 2013 |
| 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
M160420
E/sl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2012-03847 Wendy Tso-Horiuchi, appellant, v Kentaro Horiuchi, defendant-respondent; Patricia Latzman, et al., nonparty-respondents. (Index No. 201729/05)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent Lori E. Horowitz to dismiss an appeal from an order of the Supreme Court, Nassau County, dated March 15, 2012, insofar as taken against her for failure to serve her with prior motions to enlarge the time to perfect the appeal, an application for leave to file an oversized brief, and the record on appeal, or alternatively, in effect, to direct the appellant to serve her with a copy of the record on appeal. Application by the nonparty-respondent Barry J. Gross pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is, in effect, to direct the appellant to serve Lori E. Horowitz with a copy of the record on appeal is granted, and on or before August 23, 2013, the appellant shall serve and file two copies of the record on appeal upon the nonparty-respondent Lori E. Horowitz; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is granted and the time of the nonparty-respondent Barry J. Gross to serve and file a brief is enlarged until September 23, 2013, and the brief of the nonparty-respondent Barry J. Gross must be served and filed on or before that date; and it is further,
ORDERED that on the Court's own motion, the time of the nonparty-respondent Lori E. Horowitz to serve and file a brief is enlarged until September 23, 2013, and the brief of the nonparty-respondent Lori E. Horowitz must be served and filed on or before that date.
RIVERA, J.P., SKELOS, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court