Minerva v Johansmeyer
Motion No: 2022-02330
Slip Opinion No: 2023 NY Slip Op 61582(U)
Decided on February 6, 2023
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

M287259

AFA/

MARK C. DILLON, J.P.

PAUL WOOTEN

WILLIAM G. FORD

LILLIAN WAN, JJ.

2022-02330

Toni Ann Minerva, respondent-appellant,

v Eric Johansmeyer, appellant-respondent.

(Index No. 35554/2016)

DECISION & ORDER ON MOTION

Appeal and cross appeal from a judgment of the Supreme Court, Rockland County, dated March 24, 2022. Motion by the appellant-respondent, inter alia, to stay enforcement of the judgment, pending hearing and determination of the appeal and cross appeal. Separate motion by the appellant-respondent to extend the time to perfect the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion, inter alia, to stay enforcement of the judgment is denied; and it is further,

ORDERED that the motion to extend the time to perfect the appeal is granted, and on or before March 8, 2023, the appellant-respondent shall serve and file the joint record or appendix and the appellant-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant-respondent's brief and upload digital copies of the joint record or appendix and the appellant-respondent's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that no further extension of time shall be granted.

DILLON, J.P., WOOTEN, FORD and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court