| Gajdzik v Gajdzik |
| Motion No: 2019-03366 |
| Slip Opinion No: 2019 NY Slip Op 86242(U) |
| Decided on December 17, 2019 |
| 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
M268237
kbp/
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JEFFREY A. COHEN
ANGELA G. IANNACCI, JJ.
|
2019-03366 Rastislav Gajdzik, appellant, v Beata Gajdzik, respondent. (Index No. 4444/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an amended judgment of the Supreme Court, Dutchess County, dated January 31, 2019, on the ground that no appeal lies from an amended judgment entered upon the default of the appealing party, or, in the alternative, to extend 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 dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until January 16, 2020, 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.
RIVERA, J.P., BALKIN, COHEN and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court