| Bottini v Bottini |
| Motion No: 2015-08353 |
| Slip Opinion No: 2016 NY Slip Op 72909(U) |
| Decided on May 9, 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
M211365
E/ct
CHERYL E. CHAMBERS, J.P.
THOMAS A. DICKERSON
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.
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2015-08353, 2015-08356, 2015-08357, 2015-09076, 2015-09077, 2015-09078 Sheila Bottini, appellant, v Anthony R. Bottini, Jr., defendant-respondent; Bottini Holdings Inc., et al., nonparty-respondents. (Index No. 3222/11)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondents on appeals from six orders of the Supreme Court, Dutchess County, dated February 23, 2015, April 27, 2015, May 28, 2015, May 29, 2015, June 8, 2015, and June 29, 2015, respectively, to dismiss the appeals from the orders dated April 27, 2015, and May 28, 2015, insofar as taken against them for failure to serve them with the notice of appeal, and to enlarge the time to serve and file a brief.
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 serve the notice of appeal with respect to the appeals from the orders dated April 27, 2015, and May 28, 2015, which was timely filed, is enlarged until May 27, 2016, and the appellant shall serve that notice of appeal on the nonparty-respondents on or before that date (see CPLR 5520[a]); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeals from the orders dated April 27, 2015, and May 28, 2015, insofar as taken against the nonparty-respondents is denied; and it is further,
ORDERED that on or before May 27, 2016, the appellant shall serve the appellant's brief, the appellant's appendix, and the supplemental appendix referenced in the decision and order on motion of this Court dated April 27, 2016, upon the nonparty-respondents; and it is further,
ORDERED that the branch of the motion which is to enlarge the nonparty-respondents' time to serve and file a brief is granted, the nonparty-respondents' time to serve and file a brief is enlarged until June 27, 2016, and the nonparty-respondents' brief must be served and filed on or before that date.
CHAMBERS, J.P., DICKERSON, HINDS-RADIX and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court