| Hirsch v Sirigo |
| Motion No: 2014-11423 |
| Slip Opinion No: 2015 NY Slip Op 86725(U) |
| Decided on October 7, 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
M199596
S/ct
RANDALL T. ENG, P.J.
MARK C. DILLON
CHERYL E. CHAMBERS
BETSY BARROS, JJ.
|
2014-11423 Maxine Hirsch, respondent, v Denise Sirigo, appellant. (Index No. 18748/10)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated March 5, 2015, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered October 22, 2014, to deem the notice of appeal from the order to be a premature notice of appeal from an interlocutory judgment of the same court entered December 15, 2014, for leave to prosecute the appeal as a poor person, for the assignment of counsel, to direct the Supreme Court, Nassau County, to "transmit the file with the transcribed minutes" to this Court, for leave to file a typewritten brief, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to deem the notice of appeal from the order to be a premature notice of appeal from an interlocutory judgment of the same court entered December 15, 2014, is denied as unnecessary as a separate notice of appeal from the interlocutory judgment was served and filed and that appeal is pending under Appellate Division Docket No. 2015-02642; and it is further,
ORDERED that the branch of the motion which is for leave to file a typewritten brief is denied as unnecessary (see 22 NYCRR 670.10.3[b]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied as premature (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the motion is otherwise denied.
ENG, P.J., DILLON, CHAMBERS and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court