| Curran v Curran |
| Motion No: 2016-12071 |
| Slip Opinion No: 2017 NY Slip Op 77270(U) |
| Decided on June 16, 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. |
Appellate Division: Second Judicial Department
M232782
E/ct
RANDALL T. ENG, P.J.
L. PRISCILLA HALL
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2016-12071 Virginia Curran, respondent-appellant, v Maurice Curran, appellant-respondent. (Index No. 2717/14)
| DECISION & ORDER ON MOTION |
Motion by Guttridge & Cambareri, P.C., for leave to withdraw as counsel for the appellant-respondent on an appeal from a decision of the Supreme Court, Westchester County, dated October 13, 2016.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the notice of appeal and notice of cross appeal from the decision are deemed to be a premature notice of appeal and a premature notice of cross appeal from a judgment of the Supreme Court, Westchester County, dated December 20, 2016 (see CPLR 5520[c]); and it is further,
ORDERED that the motion is granted, and on or before June 28, 2016, Guttridge & Cambareri, P.C., shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,
ORDERED that no further proceedings shall be taken against the appellant-respondent, without leave of the Court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion; and it is further,
ORDERED that on the Court's own motion, the appellant-respondent's time to perfect the appeal is enlarged until August 11, 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 her 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]).
ENG, P.J., HALL, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court