| Levine v Levine |
| Motion No: 2005-06004 +2 |
| Slip Opinion No: 2006 NYSlipOp 71756(U) |
| Decided on July 7, 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
M41750
C/sl
ROBERT W. SCHMIDT, J.P.
GLORIA GOLDSTEIN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-06004, 2005-08678, 2006-01102
Julie Levine, appellant, v Robert Levine, respondent. (Index No. 99-9938)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Westchester County, dated June 20, 2005, and July 15, 2005, respectively, and an order and judgment (one paper) of the Supreme Court, Westchester County, dated November 15, 2005, to strike, as academic, so much of Point III of the appellant's brief as raises issues concerning the respondent's alleged failure (a) to turn over to the appellant the specific personal property awarded to her in the judgment of divorce, which is defined therein as "Plaintiff's Personal Property," and (b) to divide the jointly owned shares of Movie Star, Inc., as provided in the judgment of divorce, for an attorney's fee and costs on the motion, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike, as academic, so much of Point III of the appellant's brief as raises issues concerning the respondent's alleged failure (a) to turn over to the appellant the specific personal property awarded to her in the judgment of divorce, which is defined therein as "Plaintiff's Personal Property," and (b) to divide the jointly owned shares of Movie Star, Inc., as provided in the judgment of divorce, is referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; the respondent shall serve and file his brief on or before August 7, 2006; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
SCHMIDT, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court