| Vaccaro v Lynch |
| Motion No: 2013-05051 |
| Slip Opinion No: 2015 NY Slip Op 63043(U) |
| Decided on February 4, 2015 |
| 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
M186943
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
|
2013-05051, 2013-05053, 2013-09014 Stephen S. Vaccaro, respondent, v Maura E. Lynch, appellant. (Index No. 38437/10)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Suffolk County, dated March 11, 2013, and May 3, 2013, and a judgment of the same court entered July 16, 2013, to dismiss the appeal from the judgment for failure to timely perfect. Separate motion by the appellant to direct the respondent to provide her with the respondent's trial exhibits, and, in effect, to enlarge the time to perfect the appeals from the judgment and the order dated March 11, 2013. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in connection with the appeal from the order dated May 3, 2013.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, and 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 respondent's motion is denied; and it is further,
ORDERED that the appellant's motion is granted, the respondent shall provide the appellant with his trial exhibits on or before February 20, 2015, and the appellant's time to perfect the appeals from the judgment and the order dated March 11, 2013, is enlarged until April 6, 2015; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that on the Court's own motion, on or before February 20, 2015, the appellant shall remove pages 1.1, 1.2, 1.3, 1.4, and 15 through 27 from the copies of the record filed in connection with the appeal from the order dated May 3, 2013, and correct the table of contents and cover pages of the record and the appellant's brief; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief in connection with the appeal from the order dated May 3, 2013, is enlarged until March 6, 2015, and the respondent's brief must be served and filed on or before that date.
RIVERA, J.P., DICKERSON, HALL and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court