Appellate Division: Second Judicial Department

M206414

S/ct

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2014-06313, 2015-00929, 2015-00757, 2015-10066 Beata Culen, respondent-appellant, v Matthew Culen, appellant-respondent. (Index No. 1239/09)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated February 5, 2016, in the above-entitled appeals is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by Beata Culen on appeals and cross appeals from a judgment of the Supreme Court, Westchester County, dated May 2, 2014, and an order of the same court dated December 17, 2014, and appeals from an order of the same court dated December 19, 2014, and an amended order of the same court dated August 28, 2015, to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - May 2015 Calendar," dated June 10, 2015, as dismissed her cross appeal from the judgment, and, in effect, to enlarge her time to serve and file an answering brief, including her points of argument on her cross appeals (see 22 NYCRR 670.8[c][3]).

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 motion is granted, so much of the decision and order on motion of this Court dated June 10, 2015, as dismissed the cross appeal by Beata Culen from the judgment is recalled and vacated, Beata Culen's time to serve and file an answering brief, including her points of argument on her cross appeals (see 22 NYCRR 670.8[c][3]) is enlarged until March 9, 2016, and the answering brief shall be served and filed on or before that date.

LEVENTHAL, J.P., DICKERSON, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court