Appellate Division: Second Judicial Department

M161579

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2013-01481, 2013-01482 Alla Krutyansky, appellant-respondent, v Yury Krutyansky, respondent-appellant. (Index No. 41444/97)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal from a judgment of the Supreme Court, Kings County, entered November 28, 2012, and an appeal and cross appeal from an order of the same court dated November 2, 2012, to dismiss the cross appeal as untimely taken. Cross motion by the respondent-appellant for leave to file a late notice of appeal. Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the cross 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 motion is denied as the cross appeal was timely taken; and it is further,

ORDERED that the cross motion is denied as academic; and it is further,

ORDERED that on the Court's own motion, the notice of cross appeal from the order dated November 2, 2012, is deemed to be a notice of cross appeal from the judgment entered November 28, 2012 (see CPLR 5512[a]); and it is further,

ORDERED that the application is granted and the appellant-respondent's time to perfect the appeals is enlarged until October 7, 2013, and the joint record or appendix on the appeals and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

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

SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court