| Cuttler v Cuttler |
| Motion No: 2014-01350 |
| Slip Opinion No: 2014 NY Slip Op 83189(U) |
| Decided on September 11, 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. |
Appellate Division: Second Judicial Department
M179634
E/sl
PETER B. SKELOS, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2014-01350 Alvin S. Cuttler, appellant-respondent, v Libby J. Cuttler, respondent-appellant. (Index No. 1328/06)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to dismiss an appeal from an order of the Supreme Court, Putnam County, dated December 18, 2013, on the ground that the joint appendix is inadequate, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the joint appendix is inadequate is denied without prejudice to filing a respondent-appellant's joint appendix (see CPLR 5528[b]); and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent-appellant's time to serve and file a brief is granted, the respondent-appellant's time to serve and file a brief is enlarged until October 14, 2014, and the respondent-appellant's brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date.
SKELOS, J.P., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court