| Anonymous 2011-1 v Anonymous 2011-2 |
| Motion No: 2015-03505 |
| Slip Opinion No: 2015 NY Slip Op 78475(U) |
| Decided on July 8, 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
M195077
E/ct
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2015-03505 Anonymous 2011-1, respondent-appellant, v Anonymous 2011-2, appellant-respondent. (Index No. 201725/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant pursuant to CPLR 5520(a) to deem a notice of cross appeal from an order of the Supreme Court, Nassau County, entered April 28, 2015, which was timely served, to be timely filed. Cross motion by the appellant-respondent to dismiss the cross appeal on the ground, inter alia, in effect, that the respondent-appellant is not aggrieved by the order insofar as cross appealed from, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted, the cross appeal is dismissed (see CPLR 5511, 5513), without costs or disbursements; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until August 7, 2015, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
DILLON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court