Opinion
Motion No: 2010-09799 Index No. 02-19983 M124735
09-06-2011
, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated September 1, 2010, and to enlarge the record to include, inter alia, certain astrological records. Cross motion by the respondent to dismiss the appeal for failure to timely perfect.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until October 18, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the branch of the motion which is to enlarge the record is denied; and it is further,
ORDERED that the cross motion is denied.
SKELOS, J.P., BALKIN, AUSTIN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court