| Boltz v Boltz |
| Motion No: 2016-12323 |
| Slip Opinion No: 2017 NY Slip Op 89768(U) |
| Decided on October 19, 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
M239774
E/afa
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2016-12323 Suzanne Boltz, appellant, v Michael Allen Boltz, respondent. (Index No. 18542/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Suffolk County, dated September 21, 2016, for poor person relief, for the assignment of counsel, and to dismiss the appeal for failure to properly settle the trial transcript. Cross motion by the appellant for leave to serve and file a supplemental appendix containing the settled trial transcript. Application by the attorney for the children pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application and the papers filed in relation thereto, it is
ORDERED that the cross motion is granted, and on or before November 20, 2017, the appellant shall serve and file a supplemental appendix containing the properly settled trial transcript; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that the appellant serve and file a supplemental appendix containing the properly settled trial transcript, on or before November 20, 2017, as set forth above; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until December 20, 2017, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel as denied; and it is further,
ORDERED that the application is granted, the time for the attorney for the children to serve and file a brief is enlarged until December 20, 2017, and the attorney for the children's brief shall be served and filed on or before that date.
RIVERA, J.P., ROMAN, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court