| Dowling v Terrace City Lodge 1499 IBPOE |
| Motion No: 2015-11607 |
| Slip Opinion No: 2016 NY Slip Op 76628(U) |
| Decided on June 14, 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
M213238
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
|
2015-11607 John Dowling, respondent-appellant, v Terrace City Lodge 1499 IBPOE, appellant-respondent. (Index No. 71275/14)
| DECISION & ORDER ON MOTION |
2016-03316
John Dowling, appellant, v Terrace
City Lodge 1499 IBPOE, respondent.
(Index No. 71275/14)
Motion by John Dowling to stay enforcement of an order of the Supreme Court, Westchester County, dated March 29, 2016, pending hearing and determination of an appeal therefrom. Cross motion by Terrace City Lodge 1499 IBPOE to calendar the appeal from the order dated March 29, 2016, together with an appeal and cross appeal from an order of the same court dated October 27, 2015, and for an expedited briefing schedule. Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal and cross appeal from the order dated October 27, 2015.
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 denied; and it is further,
ORDERED that the branch of the cross motion which is to calendar the appeal from the order dated March 29, 2016, together with the appeal and cross appeal from the order dated October 27, 2015, is granted, and the appeals and cross appeal will be argued or submitted on the same date; and it is further,
ORDERED that the cross motion is otherwise denied; and it is further,
ORDERED that the application is granted, the appellant-respondent's time to perfect the appeal from the order dated October 27, 2015, is enlarged until August 15, 2016, and the joint record or appendix (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file an answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).
RIVERA, J.P., LEVENTHAL, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court