Appellate Division: Second Judicial Department

M211743

E/sl

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2015-08900 Bala Hari Pillai, appellant, v Kathleen Pillai, respondent. (Index No. 20446/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated June 10, 2015. Cross motion by the respondent to dismiss the appeal on the ground that the order appealed from, in effect, denies reargument, for failure to timely perfect, and on the ground that the appellant's proposed appendix served on the respondent is inadequate, to dismiss the appellant's motion for failure to properly serve the motion papers, or, in the alternative, to enlarge the time to serve and file a brief. Application by the appellant to perfect this appeal on an appendix which excludes those documents which are contained in a record filed in connection with a separate appeal taken from an order of the same court dated July 14, 2014, pending under Appellate Division Docket No. 2014-09486.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the appellant's time to perfect the appeal is enlarged until June 17, 2016, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal on the ground that the order appealed from, in effect, denies reargument is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the respondent's time to serve and file a brief is denied as premature; and it is further,

ORDERED that the cross motion is otherwise denied; and it is further,

ORDERED that the application is dismissed without prejudice to making a motion for the relief sought.

LEVENTHAL, J.P., DICKERSON, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court