Appellate Division: Second Judicial Department

M248033

E/afa

WILLIAM F. MASTRO, J.P.

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2016-11736 Ana Ospina-Cherner, respondent, v Daniel Cherner, appellant. (Index No. 2454/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated September 29, 2016, for failure to comply with a decision and order on motion of this Court dated December 4, 2017, and on the ground that the appellant is improperly raising arguments for the first time on appeal, or, in the alternative, 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, it is

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 April 26, 2018, and the 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 motion is otherwise denied without prejudice to the respondent's arguing in her brief that the appellant is improperly raising arguments for the first time on appeal.

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

ENTER:

Aprilanne Agostino

Clerk of the Court