| Freihofner v Freihofner |
| Motion No: 2005-02431 |
| Slip Opinion No: 2006 NYSlipOp 69595(U) |
| Decided on May 31, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M40261
J/sl
ANITA R. FLORIO, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2005-02431 Lisa Freihofner, appellant, v Gregory Freihofner, respondent. (Index No. 01-5173)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, dated February 9, 2005, to strike the brief filed by Michele Bermel, Esq., Law Guardian for one of the parties' children, on the ground, inter alia, that the brief is not properly before this court, and to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the branch of the motion which is to strike the brief filed by Michele Bermel, Esq. is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, and the reply brief must be served and filed on or before June 1, 2006.
FLORIO, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court