Louis Lindine and Martha Lindine v Suzanne Iasenza

Motion No: 518926

Slip Opinion No: 2014 NY Slip Op 85388(U)

Decided on October 2, 2014

Appellate Division, Third 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.

Decided and Entered: October 2, 2014518926

___________________________________

LOUIS LINDINE,

Plaintiff,                      
           and                                                       
                                 DECISION AND ORDER
                      ON MOTION MARTHA LINDINE,

Appellant,
           v
SUZANNE IASENZA,

Respondent.
                                                       
___________________________________

Motion to dismiss appeals from orders dated September 20, 2013 and March 3, 2014.

Cross motion for extension of time to perfect appeal from order dated September 20, 2013.

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

ORDERED that the appeal from the order dated September 20, 2013 is dismissed, without costs, unless appellant shall file and serve the record and brief on or before December 1, 2014, in which event the motion to dismiss said appeal is denied, and it is further

ORDERED that the cross motion is granted, without costs, and the time to perfect the appeal from the order dated September 20, 2013 is extended to December 1, 2014, and it is further

ORDERED that the motion to dismiss the appeal from the order dated March 3, 2014 is denied, without costs, and without prejudice to the issue involved being raised upon argument of said appeal.
Stein, J.P., McCarthy, Lynch and Devine, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court