Dawson, formerly known as Dean v Schoenberg
Motion No: 2013-10040
Slip Opinion No: 2014 NY Slip Op 69019(U)
Decided on April 10, 2014
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

M171829

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-10040

Joetta Dawson, formerly known as Joetta

Dean, appellant, v Ronald Schoenberg,

respondent.

(Appeal No. 1)

(Index No. 16502/09)

DECISION & ORDER ON MOTION

2013-11367

Joetta Dawson, formerly known as Joetta

Dean, respondent, v Ronald Schoenberg,

appellant.

(Appeal No. 2)

(Index No. 16502/09)

Motion by Joetta Dawson, formerly known as Joetta Dean, to calendar an appeal from an order of the Supreme Court, Nassau County, entered April 9, 2013 (Appellate Division Docket No. 2013-10040), together with an appeal from an order of the same court entered October 11, 2013 (Appellate Division Docket No. 2013-11367), and for leave to reference the record filed in connection with the appeal from the order entered October 11, 2013, in the briefs filed in connection with the appeal from the order entered April 9, 2013, and to perfect the appeal from the order entered April 9, 2013, with a supplemental record that contains material not already included in the record filed on the appeal under Appellate Division Docket No. 2013-11367. Application by Joetta Dawson, formerly known as Joetta Dean, pursuant to 22 NYCRR 670.8(d)(2) to enlarge her time to perfect her appeal under Appellate Division Docket No. 2013-10040.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to calendar the appeals together is granted, and the appeals will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion which is for leave to reference the record filed in connection with the appeal from the order entered October 11, 2013, in the briefs filed in connection with the appeal from the order entered April 9, 2013, and to perfect the appeal from the order entered April 9, 2013, by serving and filing a supplemental record containing material not already included in the record on the appeal under Appellate Division Docket No. 2013-11367, is granted on condition that at the time that the movant perfects the appeal from the order entered April 9, 2013, she files proof of payment of one half of the cost of the record filed in connection with the appeal from the order entered October 11, 2013; and it is further,

ORDERED that the time of Joetta Dawson, formerly known as Joetta Dean, to perfect her appeal from the order entered April 9, 2013 (Appellate Division Docket No. 2013-10040), is granted the movant's time to perfect that appeal is enlarged until June 8, 2014, and the appeal shall be perfected on or before that date.

DILLON, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court