Kanterakis v Kanterakis
Motion No: 2016-10204
Slip Opinion No: 2017 NY Slip Op 68423(U)
Decided on March 24, 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

M228171

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2016-10204

Nikolaos Kanterakis, respondent-appellant,

v Emily Kanterakis, defendant-appellant-respondent;

Salvatore A. Lecci, nonparty-appellant-

respondent.

(Index No. 200615/12)

DECISION & ORDER ON MOTION

Motion by the defendant-appellant-respondent on appeals and a cross appeal from a judgment of the Supreme Court, Nassau County, entered July 12, 2016, for leave to reargue her prior motion for leave to prosecute her appeal as a poor person and for the assignment of counsel, which was determined by decision and order on motion of this Court dated December 22, 2016. Application by the defendant-appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect her appeal. Separate application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the cross appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the applications 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 applications are granted; and it is further,

ORDERED that on the Court's own motion, the nonparty-appellant-respondent's time to perfect his appeal is enlarged; and it is further,

ORDERED that the time to perfect the appeals is enlarged until May 23, 2017, and the joint record or appendix on the appeals and cross appeal (see 22 NYCRR 670.8[c][1]) and the briefs of the defendant-appellant-respondent and the nonparty-appellant-respondent 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., HALL, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court