Appellate Division: Second Judicial Department

M243295

E/ct

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2016-13140 Anonymous 2011-3, appellant-respondent, v Anonymous 2011-4, respondent-appellant. (Index No. 200611/11)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant for poor person relief on an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, dated October 28, 2015, to dismiss the appeal for failure to timely perfect, and, in effect, to enlarge the time to perfect the cross appeal. Cross motion by the appellant-respondent to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the cross appeal and the cross motion are granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until January 18, 2018, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the respondent-appellant shall serve and file the 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]); and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court