Appellate Division: Second Judicial Department

M179725

E/sl

PETER B. SKELOS, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2014-02697 In the Matter of Karen Singer, appellant-respondent, v Jason Windfield, respondent-appellant. (Docket Nos. F-3457-11/11A, F-7225-11/11A)

DECISION & ORDER ON MOTION

2014-03467

In the Matter of Karen Singer, respondent,

v Jason Windfield, appellant.

(Docket No. F-3457-11/11A)

Motion by Jason Windfield, inter alia, to recall and vacate a decision and order on motion of this Court dated July 25, 2014, which dismissed an appeal from an order of the Family Court, Westchester County, dated January 6, 2012, and to enlarge the time to serve and file a brief with respect to an appeal and cross appeal from an order of the same court dated February 21, 2014.

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

ORDERED that on the Court's own motion, the cross appeal from the order dated February 21, 2014, is dismissed, without costs or disbursements, on the ground that Jason Windfield is not aggrieved (see CPLR 5511); and it is further,

ORDERED that the branch of the motion which is to enlarge Jason Windfield's time to serve and file a respondent's brief on the appeal from the order dated February 21, 2014, is granted, Jason Windfield's time to serve and file a respondent's brief on that appeal is enlarged until October 14, 2014, and the brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court