Opinion
Motion No. 2022-00724 Index No. 202500/2016
10-06-2023
Michele Rothman, respondent-appellant, v. Alan Rothman, appellant-respondent.
Unpublished Opinion
MOTION DECISION
M291487
MARK C. DILLON, J.P. CHERYL E. CHAMBERS LINDA CHRISTOPHER BARRY E. WARHIT, JJ.DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated October 4, 2023, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal and cross-appeal from a judgment of the Supreme Court, Nassau County, dated January 18, 2022. Motion by the appellant-respondent Alan Rothman to extend the time to perfect his appeal. Motion by the respondent-appellant Michele Rothman pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of her appeal and to extend the time to perfect her appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion by appellant-respondent Alan Rothman to extend the time to perfect his appeal is granted, and on or before November 3, 2023, the appellant-respondent Alan Rothman 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; and it is further, ORDERED that the motion by the respondent-appellant Michele Rothman is granted, the dismissal of the appeal by the respondent-appellant Michele Rothman pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before December 4, 2023, the respondent-appellant Michele Rothman shall serve and file her answering brief, including the points of argument on the cross-appeal (see 22 NYCRR 1250.9[f][1][iv]), via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the answering brief and upload a digital copy of the answering 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., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.