| Duval v Duval |
| Motion No: 2014-04002 |
| Slip Opinion No: 2015 NY Slip Op 66934(U) |
| Decided on March 13, 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
M188992
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX, JJ.
|
2014-04002, 2014-04576, 2014-09196 Gail Marie Duval, appellant, v Michael Duval, respondent. (Index No. 5393/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Suffolk County, dated March 19, 2014, and April 7, 2014, respectively, and a judgment of the same court dated August 11, 2014, inter alia, in effect, to direct the appellant to serve and file a supplemental record containing Exhibits A through I attached to the affirmation of Robert M. Preston dated February 3, 2014, filed in opposition to the counsel fee application, as well as an amended judgment of the Supreme Court, Suffolk County, entered February 18, 2015, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the judgment is deemed to be a notice of appeal from the amended judgment (see CPLR 5520[c]); and it is further,
ORDERED that the branch of the motion which is, in effect, to direct the appellant to serve and file a supplemental record is granted, and on or before April 15, 2015, the appellant shall serve and file a supplemental record containing Exhibits A through I attached to the affirmation of Robert M. Preston dated February 3, 2014, filed in opposition to counsel fee application, as well as the amended judgment entered February 18, 2015; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until May 15, 2015, and the respondent's 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., BALKIN, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court