| Brinkmann v Brinkmann |
| Motion No: 2014-08328 |
| Slip Opinion No: 2015 NY Slip Op 82537(U) |
| Decided on August 24, 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
M197442
E/sl
RANDALL T. ENG, P.J.
L. PRISCILLA HALL
JEFFREY A. COHEN
BETSY BARROS, JJ.
|
2014-08328, 2014-11364 Valentinus Brinkmann, respondent, v Linda Brinkmann, appellant. (Index No. 22297/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPLR 5520(a) to deem the notice of appeal from a judgment of the Supreme Court, Suffolk County, dated August 25, 2014, which was timely served, to be timely filed, or, in the alternative, to recall and vacate so much of a decision and order on motion of this Court dated May 20, 2015, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated June 2, 2014, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment and pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment. Separate motion by the appellant to enlarge the time to perfect the appeal from the judgment. Separate motion by the respondent, in effect, to dismiss the appeal from the judgment as untimely taken.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the appellant's motion which is pursuant to CPLR 5520(a) to deem the notice of appeal from the judgment, which was timely served, to be timely filed, is granted, and the notice of appeal is deemed timely filed; and it is further,
ORDERED that the branch of the appellant's motion which is to recall and vacate so much of the decision and order on motion dated May 20, 2015, as dismissed the appeal from the order dated June 2, 2014, and pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment is denied as academic; and it is further,
ORDERED that the appellant's motion to enlarge the time to perfect the appeal from the judgment is granted, the appellant's time to perfect that appeal is enlarged until September 23, 2015, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent's motion is denied.
ENG, P.J., HALL, COHEN and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court