Hiller v Amella
Motion No: 2013-05833
Slip Opinion No: 2013 NY Slip Op 92552(U)
Decided on November 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M165095

S/ct

2013-05833, 2013-09195

Patricia Hiller, respondent-appellant,

v Joseph V. Amella, appellant-respondent,

et al., defendant.

(Appeal No. 1)

Patricia Hiller, respondent, v

Joseph V. Amella, et al., appellants.

(Appeal No. 2)

(Index No. 36269/09)

ORDER ON APPLICATION

Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated April 9, 2013, and appeals from an order of the same court dated July 30, 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 the branch of the application which is to enlarge the time to perfect the appeal from the order dated April 9, 2013, is granted, the appellant-respondent's time to perfect the appeal is enlarged until January 6, 2014, 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 it is further,

ORDERED that the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeals from the order dated July 30, 2013, is denied as premature.

ENTER:

Aprilanne Agostino

Clerk of the Court