| Matter of Chimienti v Perperis |
| Motion No: 2018-03818 |
| Slip Opinion No: 2018 NY Slip Op 80902(U) |
| Decided on August 20, 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
M254262
E/sl
CHERYL E. CHAMBERS, J.P.
BETSY BARROS
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2018-03818 In the Matter of Jennifer Chimienti, respondent, v Nicole Perperis, appellant. (Docket Nos. V-05239-17, V-05240-17, V-11318-17, V-11319-17)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Family Court, Nassau County, dated March 5, 2018, on the ground that no appeal lies from an order entered upon consent of the appealing party, to enlarge the record to include the proceedings of certain related matters, and to enlarge the time to serve and file a brief. Separate motion by the appellant to impose a sanction upon the respondent and counsel for the respondent, for an award of an attorney's fee, and for a preference in the calendaring of the appeal. Application by the appellant to strike the papers filed by the attorney for the children in connection with the respondent's motion. Separate applications by the respondent and the attorney for the children to enlarge the time to serve and file their respective briefs.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the appellant's application and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the separate applications by the respondent and the attorney for the children and the papers filed in opposition thereto, it is
ORDERED that the application by the attorney for the children to enlarge the time to serve and file a brief is granted, and the time for the attorney for the children to serve and file a brief on the appeal is enlarged until September 17, 2018; and it is further,
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 September 17, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the respondent's motion is otherwise denied; and it is further,
ORDERED that the appellant's motion is denied; and it is further,
ORDERED that the appellant's application to strike the papers filed by the attorney for the children in connection with the respondent's motion is denied; and it is further,
ORDERED that the respondent's application to enlarge the time to serve and file a brief is denied as academic.
CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court