Appellate Division: Second Judicial Department

M230052

J/ct

2016-12074 Michael D'Arrigo, respondent-appellant, v Joya D'Arrigo, appellant-respondent. (Index No. 14422/11)

ORDER ON APPLICATION

Application by the appellant-respondent on an appeal and cross appeal from a judgment of the Supreme Court, Westchester County, dated September 29, 2016, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal. Application by the respondent-appellant for a 60-day enlargement of time to serve and file an answering brief.

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 appellant-respondent's application is granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until June 5, 2017, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file the 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]); and it is further,

ORDERED that the respondent-appellant's application is denied as premature.

ENTER:

Aprilanne Agostino

Clerk of the Court