Appellate Division: Second Judicial Department

M218684

E/afa

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2015-11145 Marie Yuliano, appellant-respondent, v John Yuliano, respondent-appellant. (Index No. 10635/09)

DECISION & ORDER ON MOTION

Appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, dated September 16, 2015. By decision and order on motion of this Court dated June 23, 2016, the branch of the appellant-respondent's prior motion which was, in effect, for a reconstruction hearing was granted, the matter was remitted to the Supreme Court, Suffolk County, for a reconstruction hearing, and the branch of the appellant-respondent's prior motion which was to enlarge the time to perfect the appeal and cross appeal was held in abeyance in the interim.

On the Court's own motion, it is

ORDERED that so much of decision and order on motion of this Court dated June 23, 2016, as granted the branch of the appellant-respondent's prior motion which was, in effect, for a reconstruction hearing and remitted the matter to the Supreme Court, Suffolk County, for a reconstruction hearing is recalled and vacated, and that branch of the motion is denied; and it is further,

ORDERED that the branch of the motion which was to enlarge the time to perfect the appeal and cross appeal is granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until November 28, 2016, and the joint record or appendix on appeal (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 his 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