| Basile v Wiggs |
| Motion No: 2017-08135 |
| Slip Opinion No: 2018 NY Slip Op 74566(U) |
| Decided on June 8, 2018 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M251138
E/sl
MARK C. DILLON, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
|
2017-08135 Christopher Basile, appellant, v Sherry Wiggs, respondent. (Index No. 11621/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated June 7, 2017, on the ground that "there is another proceeding pending between the parties for the same cause of action in the Supreme Court" 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 July 9, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., ROMAN, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court