Smith v Smith Hysni
Motion No: 2017-00734
Slip Opinion No: 2017 NY Slip Op 87363(U)
Decided on September 28, 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

M238443

E/afa

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2017-00734

Dana A. Smith, appellant,

v Kimberly Smith Hysni, respondent.

(Index No. 2199/11)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, on an appeal from an order of the Supreme Court, Suffolk County, dated November 22, 2016, inter alia, for leave to renew and reargue her prior motion, inter alia, to dismiss the appeal, which was determined by decision and order on motion of this Court dated April 3, 2017.

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 the motion is denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is enlarged until October 19, 2017, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

DILLON, J.P., LEVENTHAL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court