| Matter of O'Connor-Gang v Munoz |
| Motion No: 2014-00624 |
| Slip Opinion No: 2016 NY Slip Op 70859(U) |
| Decided on April 19, 2016 |
| 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
M210129
E/sl
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
COLLEEN D. DUFFY, JJ.
|
2014-00624, 2016-01321 In the Matter of Kate O'Connor-Gang, respondent, v Marco E. Munoz, appellant. (Docket No. F-5406-11/11A)
| DECISION & ORDER ON MOTION |
Motion by Marco E. Munoz for leave to reargue the branch of his prior motion which was for leave to appeal to this Court from an order of the Family Court, Westchester County, dated December 16, 2013, which was determined by decision and order on motion of this Court dated March 11, 2016, to enlarge the record, in effect, to include the transcript of the proceedings before the Support Magistrate that resulted in the order dated December 16, 2013, to enlarge the time to perfect an appeal from an order of the Family Court, Westchester County, dated January 5, 2016, and, in effect, to amend so much of the decision and order on motion of this Court dated March 11, 2016, as conditioned a stay of enforcement of so much of an order of the Family Court, Westchester County, dated July 22, 2015, as directed him to pay child support arrears, upon the perfection of the appeal from the order dated January 5, 2016, on or before April 11, 2016.
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 for leave to reargue is denied; the issues arising from the order dated December 16, 2013, are brought up for review and may be raised in connection with the appeal from the order dated January 5, 2016; and it is further,
ORDERED that the branch of the motion which is to enlarge the record is denied as unnecessary; and it is further,
ORDERED that the branches of the motion which are to enlarge the time to perfect the appeal from the order dated January 5, 2016, and, in effect, to amend so much of the decision and order on motion of this Court dated March 11, 2016, as conditioned a stay upon the perfection of that appeal on or before April 11, 2016, are granted, and the decision and order on motion dated March 11, 2016, is amended by deleting from the decretal paragraphs thereof the date "April 11, 2016," and substituting therefor the date "May 19, 2016."
CHAMBERS, J.P., AUSTIN, ROMAN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court