Bichotte v Dunner
Motion No: 2015-00775
Slip Opinion No: 2015 NY Slip Op 85157(U)
Decided on September 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M198733

E/ct

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2015-00775, 2015-00778

Marcelle B. Bichotte, respondent,

v Ricardo O. Dunner, appellant.

(Index No. 54403/11)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to perfect appeals from an interlocutory judgment of the Supreme Court, Kings County, dated August 21, 2014, and an order of the same court dated December 16, 2014. Cross motion by the respondent to dismiss the appeal from the interlocutory judgment as untimely taken.

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 the cross motion is granted and the appeal from the interlocutory judgment is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,

ORDERED that the motion is granted to the extent that the appellant's time to perfect the appeal from the order is enlarged until November 20, 2015, the record or appendix and the appellant's brief must be served and filed on or before that date, and the application is otherwise denied as academic.

MASTRO, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court