Matter of Ciaprazi v Evans
Motion No: 2016-10107
Slip Opinion No: 2017 NY Slip Op 63678(U)
Decided on February 8, 2017
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M225854

E/afa

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

L. PRISCILLA HALL

COLLEEN D. DUFFY, JJ.

2016-10107

In the Matter of Roberto Ciaprazi, respondent,

v Andrea Evans, etc., appellant.

(Index No. 910/16)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Dutchess County, dated July 26, 2016, for failure to timely perfect. Separate motion by the appellant to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the appellant's motion is granted, the appellant's time to perfect the appeal is enlarged until March 1, 2017, and the record or appendix and the appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the respondent shall serve and file a brief, if any, on or before March 31, 2017, and the appellant shall serve and file a reply brief, if any, on or before April 10, 2017.

ENG, P.J., MASTRO, HALL and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court