Opinion
DOCKET NO. CA 12-01909 DOCKET NO. CA 12-02170
04-12-2013
WALTER J. NARY, II, PLAINTIFF-RESPONDENT-APPELLANT, v. ROSEMARY JONIENTZ, DEFENDANT-APPELLANT-RESPONDENT. WALTER J. NARY, II, PLAINTIFF-RESPONDENT, v. ROSEMARY JONIENTZ, DEFENDANT-APPELLANT.
PRESENT: , P. J., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
Plaintiff having moved to supplement the record and for an extension of time to cure an error on the appeals taken herein from an order and a judgment of Supreme Court entered in the Office of the Clerk of the County of Monroe on May 2, 2012, and April 10, 2012,
Now, upon reading and filing the affirmation of K. John Wright, Esq., dated March 27, 2013, the notice of motion with proof of service thereof, and the affirmation of Gary H. Abelson, Esq., received April 4, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to supplement the record, is dismissed without prejudice to a motion to the Supreme Court for the same relief (see 22 NYCRR 1000.4 [a] [1] [ii]; Matter of Stewart v Soda, 239 AD2d 966), and
It is further ORDERED that the motion insofar as it seeks an extension of time to cure an error is granted to the extent of vacating dismissal of plaintiff's cross appeal, on the condition that the cross appeal is perfected on or before June 11, 2013, and
It is further ORDERED that the appeals are removed from this Court's day calendar for May 20, 2013, and added to this Court's calendar for the term commencing September 3, 2013.
Frances E. Cafarell, Clerk