Cohen v Cohen
Motion No: 2018-08623
Slip Opinion No: 2018 NY Slip Op 91606(U)
Decided on December 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M258549

E/sl

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2018-08623

Rivka Cohen, appellant-respondent,

v Tzvi Cohen, respondent-appellant.

(Index No. 3/17)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to hold in abeyance an appeal and a cross appeal from a judgment of the Supreme Court, Rockland County, entered July 18, 2018, pending certain proceedings in that court or, in the alternative, to extend the time to perfect the appeal. Application by the respondent-appellant to extend the time to perfect the cross appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to hold the appeal and cross appeal in abeyance is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal and the application are granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal by causing the original papers constituting the joint record on the appeal and cross appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.5[e][1]) and by serving and filing the appellant-respondent's brief on the appeal and cross appeal is extended until January 23, 2019; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the respondent-appellant shall serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]), in accordance with the rules of this Court.

DILLON, J.P., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court