| Sutton v Sutton |
| Motion No: 2014-07387 |
| Slip Opinion No: 2015 NY Slip Op 71795(U) |
| Decided on April 30, 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
M191436
E/ct
RANDALL T. ENG, P.J.
RUTH C. BALKIN
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2014-07387 Gail G. Sutton, respondent, v Joseph A. Sutton, appellant. (Index No. 833/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated June 12, 2014, for failure to timely perfect or in the alternative, for an award of interest that has accrued while the appeal is pending and an award of costs. Cross motion by the appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the cross motion, and papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is for an award of interest that has accrued while the appeal is pending and an award of costs is denied without prejudice to seeking any appropriate relief in the Supreme Court, Kings County; and it is further,
ORDERED that the cross motion is granted, the appellant's time to perfect the appeal is enlarged until June 1, 2015, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENG, P.J., BALKIN, HALL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court