Opinion
Motion Nos. CV-23-2337 CV-24-1047
11-07-2024
EMILY R. GIBSON, Respondent, v. WILLIAM P. GIBSON, Appellant.
Unpublished Opinion
MOTION DECISION
DECISION AND ORDER ON MOTION
Motion to vacate dismissal of appeal, for extension of time to perfect appeal and for relief pursuant to CPLR 5520 (a) and (c).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for relief pursuant to CPLR 5520 (c) is granted, without costs, to the extent that the notice of appeal dated November 27, 2023 is deemed to be a premature notice of cross-appeal from the judgment of divorce dated February 16, 2024, and it is further
ORDERED that the motion for relief pursuant to CPLR 5520 (a) is granted, without costs, and the time to file the notice of cross-appeal is extended to December 9, 2024, and it is further
ORDERED that the motion to vacate the dismissal of appeal No. CV-23-2337 is denied, without costs, and it is further
ORDERED that the motion for an extension of time to perfect the appeal is granted, without costs, to the extent that the time to perfect the cross-appeal in CV-24-1047 is extended to December 23, 2024.
Clark, J.P., Pritzker, Reynolds Fitzgerald and Powers, JJ., concur.