Appellate Division: Second Judicial Department

M161504

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-03334 Mark Sefiner, appellant-respondent, v Janna Primova, respondent-appellant. (Index No. 09-10792)

DECISION & ORDER ON MOTION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Rockland County, dated January 15, 2013.

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 on the Court's own motion the notices of appeal and cross appeal from the decision are deemed to be premature notices of appeal and cross appeal from the judgment of the same Court entered May 3, 2013; and it is further,

ORDERED that the application is granted to the extent that the appellant-respondent's time to perfect the appeal is enlarged until November 12, 2013, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date and the application is otherwise denied; and it is further,

ORDERED that the respondent-appellant shall serve and file her 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]).

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court