PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 16-01221
DOCKET NO. CAF 17-00264

JANET M. HINES, PLAINTIFF-APPELLANT, V JOSHUA J. HINES, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) IN THE MATTER OF JANET HINES, PETITIONER-APPELLANT-RESPONDENT, V JOSHUA HINES, RESPONDENT-RESPONDENT-APPELLANT. IN THE MATTER OF JOSHUA HINES, PETITIONER-RESPONDENT-APPELLANT, V JANET HINES, RESPONDENT-APPELLANT-RESPONDENT. (APPEAL NO. 2.)

Janet Hines having moved to dismiss the cross appeal taken by Joshua Hines and to strike the brief filed by Joshua Hines insofar as the brief references the cross appeal taken herein from the order of the Family Court entered in the Office of the Clerk of the County of Oswego on December 29, 2016 (appeal No. 2), and having moved for an extension of time to file a reply brief in the appeals taken from the order of Supreme Court entered in the Office of the Clerk of the County of Onondaga on December 9, 2015 (appeal No. 1), and the order of the Family Court entered in the Office of the Clerk of the County of Oswego on December 29, 2016 (appeal No. 2),

Now, upon reading and filing the affirmation of Paul B. Watkins, Esq., dated October 26, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as unnecessary insofar as it seeks to dismiss the cross appeal on the ground that the cross appeal is dismissed pursuant to this Court's order of August 21, 2017, and

It is further ORDERED that the motion is denied insofar as it seeks to strike the portion of Joshua Hines' brief that addresses the cross appeal on the ground that the brief has been accepted by the Court as a respondent's brief only, and

It is further ORDERED that motion is granted insofar as it seeks an extension of time to file and serve a reply brief and the brief shall be filed and served on or before January 7, 2018.

Entered: November 28, 2017

Mark W. Bennett, Clerk