| Posner v Posner |
| Motion No: 2014-04207 |
| Slip Opinion No: 2016 NY Slip Op 82581(U) |
| Decided on August 16, 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
M216593
E/sl
MARK C. DILLON, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
VALERIE BRATHWAITE NELSON, JJ.
|
2014-04207 Erin Lewis Posner, respondent, v Ronald Bruce Posner, appellant. (Index No. 6845/08)
| DECISION & ORDER ON MOTION |
2016-04800
Erin Lewis Posner, respondent-appellant,
v Ronald Bruce Posner, appellant-respondent.
(Index No. 6845/08)
Motion by Erin Lewis Posner on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated February 22, 2016, and an appeal from an order of the same court dated March 28, 2014, which was dismissed by decision and order on motion of this Court dated June 10, 2015, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - May 2015 Calendar," to dismiss so much of the appeal from the order dated February 22, 2016, as is based upon the order dated March 28, 2014, on the ground that the dismissal of the appeal from the order dated March 28, 2014, precludes review of the issues raised in connection with that order. Cross motion by Ronald Bruce Posner to recall and vacate so much of the decision and order on motion dated June 10, 2015, as dismissed the appeal from the order dated March 28, 2014, to enlarge the time to perfect that appeal, and to consolidate that appeal with the appeal and cross appeal from the order dated February 22, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branches of the cross motion which are to recall and vacate so much of the decision and order on motion dated June 10, 2015, as dismissed the appeal from the order dated March 28, 2014, and to enlarge the time to perfect that appeal are granted, the appeal is reinstated, the time to perfect that appeal is enlarged until September 16, 2016, and the record or appendix and brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals and cross appeal is denied as unnecessary as the appeals and cross appeal may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,
ORDERED that the motion is denied.
DILLON, J.P., ROMAN, COHEN and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court