| Mueckenheim v Smith |
| Motion No: 2014-10420 |
| Slip Opinion No: 2015 NY Slip Op 91049(U) |
| Decided on November 19, 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
M201896
S/sl
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2014-10420 Lisa Mueckenheim, appellant, v Eldron Smith, et al., respondents. (Index No. 4943/12)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated October 27, 2015, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the respondents Eldron Smith and JTR Transportatino Corp. to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated September 12, 2014, on the ground that the appellant has failed to comply with a decision and order on motion of this Court dated September 3, 2015, or, alternatively, to enlarge the respondents' time to serve and file their respective briefs.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that on the Court's own motion, the appellant's time to comply with the decision and order on motion of this Court dated September 3, 2015, is enlarged until December 4, 2015, and on or before that date the appellant serve and file a supplemental record containing the reply affirmations filed by the respondents in connection with the motion and cross motion that were determined by the order dated September 12, 2014; and it is further,
ORDERED that no further extensions of time to comply with the decision and order on motion of this Court dated September 3, 2015, shall be granted; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that the appellant comply with the order dated September 3, 2015, on or before December 4, 2015; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file their respective briefs is granted and the respondents shall serve and file their respective briefs on or before January 8, 2016.
BALKIN, J.P., COHEN, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court