| Matter of Byrne v Byrne |
| Motion No: 2006-09821 |
| Slip Opinion No: 2007 NYSlipOp 72456(U) |
| Decided on June 25, 2007 |
| 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
M56403
E/sl
WILLIAM F. MASTRO, J.P.
JOSEPH COVELLO
WILLIAM E. McCARTHY
THOMAS A. DICKERSON, JJ.
|
2006-09821 In the Matter of Denise Byrne, respondent, v James W. Byrne, appellant. (Docket No. F-20506-05)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Family Court, Suffolk County, dated September 27, 2006, on the ground that it has been rendered academic, or, in the alternative, 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 dismiss the appeal is held in abeyance and 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's time to serve and file a brief is enlarged until July 25, 2007, and the respondent's brief must be served and filed on or before that date.
MASTRO, J.P., COVELLO, McCARTHY and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court