Grant B. Hering v Katrina v. Hering .

Motion No: M-1573

Slip Opinion No: 2018 NYSlipOp 70374(U)

Decided on April 19, 2018

Appellate Division, First 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.

April 19, 2018

Grant B. Hering,

Plaintiff-Respondent,

v

Katrina V. Hering,

Defendant-Appellant.

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about

March 22, 2017, And defendant-appellant having moved to reinstate the aforesaid appeal, and for an enlargement of time to perfect, And an appeal having been taken to this Court by plaintiff-respondent from the order of said Court entered on or about September 7, 2017, And defendant-appellant/respondent having moved for an enlargement of time to perfect the appeal from the order

entered on or about March 22, 2017 (M-6383), And plaintiff-respondent/appellant having cross-moved

to vacate and modify a stay entered on or about September 7, 2017, and for related relief (M-6415),And this Court having granted plaintiff-respondent an appellate preference for the February 2018 Term, and directed defendant-appellant to perfect her appeal on or before

December 4, 2017 for the February 2018 Term, or dismissal

would result from a failure to timely perfect (M-4056), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the instant motion is denied, as this Court's October 5, 2017 order (M-4056) was dispositive.ENTERED: April 19, 2018

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Judith J. Gische Peter Tom,Justices

M-1573

Index No. 312438/03