| Savino v Savino |
| Motion No: 2020-00702 |
| Slip Opinion No: 2021 NY Slip Op 64676(U) |
| Decided on April 14, 2021 |
| 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
M276625
MB/
MARK C. DILLON, J.P.
ROBERT J. MILLER
HECTOR D. LASALLE
FRANCESCA E. CONNOLLY, JJ.
|
2020-00702 James Savino, appellant-respondent, v Anne Savino, respondent-appellant. (Index No. 50869/2005)
| DECISION & ORDER ON MOTION |
Appeal and cross appeal from an order of the Supreme Court, Richmond County, dated May 10, 2019. Motion by the respondent-appellant, inter alia, to extend the time to serve and file an answering brief, including the points of argument on the cross appeal. By order to show cause dated February 3, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the cross appeal on the ground that the respondent-appellant is not aggrieved by the order dated May 10, 2019, the branch of the respondent-appellant's motion which is to extend the time to serve and file an answering brief, including the points of argument on the cross appeal, was held in abeyance in the interim, and the respondent-appellant's motion was otherwise denied.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondent-appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the respondent-appellant's motion which is to extend the time to serve and file an answering brief, including the points of argument on the cross appeal, is granted, the time to serve and file an answering brief is extended, and on or before May 14, 2021, the respondent-appellant shall serve the answering brief and upload a digital copy of the answering brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the answering brief in accordance with any applicable administrative order or other order to be issued by the Court.
DILLON, J.P., MILLER, LASALLE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court