Appellate Division: Second Judicial Department

M243453

E/afa

WILLIAM F. MASTRO, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2017-05978 Susan Ford, appellant-respondent, v Kenneth Ford, respondent-appellant; Tabat Cohen Blum & Yovino, P.C., nonparty-respondent. (Index No. 14001/12)

DECISION & ORDER ON MOTION

Motion by the nonparty-respondent on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated April 20, 2017, to dismiss the cross appeal insofar as taken against it on the ground that it was untimely taken. Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

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 granted and the cross appeal is dismissed insofar as taken against the nonparty-respondent, without costs or disbursements (see CPLR 5513[a]); and it is further,

ORDERED that the application is granted, the appellant-respondent's time to perfect the appeal is enlarged until February 20, 2018, and the joint record or appendix on 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 the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal insofar as taken against the appellant-respondent, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

MASTRO, J.P., COHEN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court