| SAMUEL A. HALABY, JR. V JAMES M. DENZAK AND SARA J. DENZAK |
| Motion No: CA 21-01120 |
| Slip Opinion No: 2022 NY Slip Op 69168(U) |
| Decided on July 19, 2022 |
| Appellate Division, Fourth 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. |
PRESENT: PERADOTTO, J.P., LINDLEY, CURRAN, WINSLOW, AND BANNISTER, JJ.
CA 21-01120
| SAMUEL A. HALABY, JR., PLAINTIFF-APPELLANT, V JAMES
M. DENZAK AND SARA J. DENZAK, DEFENDANTS-RESPONDENTS.
|
Defendants having moved to vacate the dismissal of the cross appeal taken herein from an order of the Supreme Court, Monroe County, entered May 7, 2021, and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the dismissal of the cross appeal is granted on the condition that the defendant files a brief on the cross appeal and in response to plaintiff's brief on the appeal on or before August 1, 2022, and
It is further ORDERED that the motion insofar as it seeks permission to file an oversize brief is denied.
Entered: July 19, 2022
Ann Dillon Flynn
Clerk of the Court