Mukul Arya v Neha Arya .

Motion No: M-3446

Slip Opinion No: 2019 NYSlipOp 80144(U)

Decided on September 24, 2019

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.

September 24, 2019

Mukul Arya,

Plaintiff-Respondent-Appellant,

CONFIDENTIAL

v

Neha Arya,

Defendant-Appellant-Respondent.

Defendant-appellant having moved for an order (1) pursuant to 22 NYCRR 1250.10(c), vacating the dismissal of her appeal taken from a Judgment of Divorce of the Supreme Court, New York County, entered on or about December 29, 2016, and upon vacatur, enlarging the time to perfect said appeal; (2) dismissing plaintiff's cross appeal from the same judgment as untimely taken or, in the event the cross appeal is not dismissed, directing plaintiff to cooperate in preparing a joint record on appeal and to share in the costs thereof pursuant to 22 NYCRR 1250.9(f)(1)(ii); and (3) directing that service of all filings in this appeal made on plaintiff's prior attorneys or plaintiff pro se be deemed to be good and proper service, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent that, the dismissal of defendant's appeal is vacated, the appeal reinstated, and the time to perfect the appeal and cross appeal is enlarged to the January 2020 Term. The motion is otherwise denied. Plaintiff is directed to advise defendant's counsel within 10 days of the entry of this order of the identity of his appellate counsel or whether he will proceed pro se. ENTERED: September 24, 2019

_____________________ CLERK

PRESENT: Hon. Angela M. Mazzarelli,Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Cynthia S. Kern,Justices

M-3446

Index No. 314039/13