Opinion
2007-10997 2007-11001 2008-00215 Index No. 204031/01 M159184
07-10-2013
Allan Cohen, respondent, v. Joan Cohen, appellant.
, P.J.
MARK C. DILLON
L. PRISCILLA HALL
LEONARD B. AUSTIN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to enlarge the time to perfect appeals from a judgment of the Supreme Court, Nassau County, entered November 2, 2007, and two orders of the same court dated October 30, 2007, and December 3, 2007, respectively. Cross motion by the respondent, in effect, to dismiss the appeals for failure to timely prosecute and to direct the receiver to distribute the balance of the proceeds of the sale of the marital premises.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is, in effect, to dismiss the appeals for failure to timely prosecute is granted and the appeals are dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior orders of this Court; and it is further,
ORDERED that on the Court's own motion, the stay of the distribution of the balance of the proceeds of the sale of the marital premises contained in the decision and order on motion of this Court dated December 14, 2012, is vacated; and it is further,
ORDERED that the branch of the cross motion which is to direct the receiver to distribute the balance of the proceeds of the sale of the marital premises is denied as academic.
ENG, P.J., DILLON, HALL and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court