Appellate Division: Second Judicial Department

M234325

E/afa

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, 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

Renewed 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.

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 application 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 application is 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 September 18, 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 shall 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]).

HALL, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court