Appellate Division: Second Judicial Department

M235466

E/ct

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2014-06569, 2015-08821, 2017-04744 Virginia Aloi, appellant, v Thomas Aloi, Sr., respondent. (Index No. 50328/11)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Richmond County, dated June 18, 2015, and April 12, 2107, respectively, and a judgment of the same court dated April 17, 2014, in effect, to resettle two decisions and orders on motion of this Court dated January 27, 2016, and March 23, 2017, respectively, for leave to reargue the branch of his prior motion which was to deem a certain referee's report dated January 3, 2017, issued following a reconstruction hearing, to be "null and void," and to enlarge the time to perfect the appeals from the order dated June 18, 2015, and the judgment. Separate motion by Khari Peter Prescod for leave to withdraw as counsel for the appellant. Separate motion by Christopher Robles for leave to withdraw as counsel for the respondent.

Upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, upon the papers filed in support of the motion by Khari Peter Prescod and the papers filed in opposition thereto, and upon the papers filed in support of the motion by Christopher Robles and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion by the appellant which is to enlarge the time to perfect the appeals from the order dated June 18, 2015, and the judgment, and the motions by Khari Peter Prescod and Christopher Robles are granted; and it is further,

ORDERED that the appellant's motion is otherwise denied; and it is further,

ORDERED that on or before August 18, 2017, Khari Peter Prescod shall serve the appellant 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 on or before August 18, 2017, Christopher Robles shall serve the respondent 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 or the respondent, without leave of the Court, until the expiration of 30 days after service upon them of a copy of this decision and order on motion; and it is further,

ORDERED that the appellant's time to perfect the appeals from the order dated June 18, 2015, and the judgment is enlarged until October 2, 2017.

BALKIN, J.P., SGROI, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court