Appellate Division: Second Judicial Department

M164502

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-07522, 2012-01582, 2012-03486, 2012-03489 Martin Carlin, appellant-respondent, v Barbara Carlin, respondent-appellant. (Index No. 07-22157)

DECISION & ORDER ON MOTION

2012-09249, 2013-01176

Martin Carlin, appellant,

v Barbara Carlin, respondent.

(Index No. 07-22157)

2013-01177

Martin Carlin, appellant-respondent,

v Barbara Carlin, respondent-appellant.

(Index No. 07-22157)

Motion by Martin Carlin for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered June 28, 2011, appeals and cross appeals from an order of the same court entered January 25, 2012, and appeals from two orders of the same court both dated March 14, 2011 (Appellate Division Docket Nos. 2011-07522, 2012-01582, 2012-03486, and 2012-03489), which were determined by decision and order of this Court dated July 3, 2013, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court, to stay enforcement of the decision and order of this Court dated July 3, 2013, pending determination, inter alia, of "any subsequent applications/appeals to the Court of Appeals," and to enlarge the time to perfect an appeal from an order of the same court dated July 30, 2012 (Appellate Division Docket No. 2012-09249), an appeal from an order of the same court dated November 20, 2012 (Appellate Division Docket No. 2013-01177), and an appeal from a judgment of the same court dated December 6, 2012 (Appellate Division Docket No. 2013- 01176), until three months after determination of the branches of the motion which are for leave to reargue, or in the alternative, for leave to appeal to the Court of Appeals. Cross motion by Barbara Carlin to impose a sanction upon Martin Carlin and his attorney, and for an award of costs and an attorney's fee. Separate motion by Barbara Carlin to enlarge her time to perfect her cross appeal from the order dated November 20, 2012.

Upon the papers filed in support of the motion by Martin Carlin and the papers filed in opposition thereto, upon the papers filed in support of the cross motion and the papers filed in opposition thereto, and upon the papers filed in support of the motion by Barbara Carlin and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion by Martin Carlin which is to enlarge the time to perfect the appeal from the order dated July 30, 2012, the appeal from the order dated November 20, 2012, and the appeal from the judgment dated December 6, 2012, is granted to the extent that the time to perfect those appeals is enlarged until December 2, 2013, and that branch of the motion is otherwise denied; and it is further,

ORDERED that motion by Barbara Carlin is granted to the extent that she shall serve and file an answering brief in connection with the cross appeal from the order dated November 20, 2012, including her points of argument on the cross appeal, in accordance with the rules of the Court (see 22 NYCRR 670.8[c][3]), and the motion by Barbara Carlin is otherwise denied; and it is further,

ORDERED that the motion by Martin Carlin is otherwise denied, with $100 costs payable by Martin Carlin to Barbara Carlin; and it is further,

ORDERED that the branch of the cross motion which is for costs in connection with opposing the motion is granted to the extent set forth above and is otherwise denied.

BALKIN, J.P., HALL, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court