Opinion
Motion Nos. 2019-03358 2021-04183 Index No. 3220/2017
07-01-2022
Theresa Roesler, respondent-appellant, v. John Roesler, appellant-respondent.
Unpublished Opinion
MOTION DECISION
COLLEEN D. DUFFY, J.P., VALERIE BRATHWAITE NELSON, PAUL WOOTEN, JOSEPH A. ZAYAS, JJ.
DECISION & ORDER ON MOTION
Appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, entered January 16, 2019, and appeal from an order of the same court dated June 8, 2021. The appeal and cross appeal from the judgment were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Theresa Roesler pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the cross appeal from the judgment and to extend the time to perfect the cross appeal. Separate motion by Theresa Roesler to consolidate the cross appeal from the judgment with the appeal from the order and to extend the time to perfect the appeals.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to vacate the dismissal of the cross appeal from the judgment and to extend the time to perfect the cross appeal is denied; and it is further, ORDERED that the branch of the separate motion which is to consolidate the cross appeal from the judgment with the appeal from the order is denied as academic; and it is further, ORDERED that the branch of the separate motion which is to extend the time to perfect the appeals is granted to the extent that on or before August 1, 2022, Theresa Roesler shall serve and file the record or appendix and the appellant's brief in connection with the appeal from the order via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, and that branch of the motion is otherwise denied.
DUFFY, J.P., BRATHWAITE NELSON, WOOTEN and ZAYAS, JJ., concur.