Matter of Iorio v Hyler
Motion No: 2006-08605
Slip Opinion No: 2007 NYSlipOp 83371(U)
Decided on November 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M62278

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2006-08605, 2006-08609, 2006-08610

In the Matter of Traci Iorio, et al., respondents,

v Joseph Hyler, appellant.

(Docket Nos. O-13144-05, V-5772-04/05,

V-5773-04/05)

DECISION & ORDER ON MOTION

Motion by the respondent Traci Iorio to dismiss appeals from two orders of the Family Court, Westchester County, both dated August 7, 2006, and an order of the same court dated August 8, 2006, 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 or relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeals is held in abeyance and referred to the panel of Justices hearing the appeals 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 time of the respondent Traci Iorio to serve and file a brief is enlarged until November 26, 2007, and the brief of the respondent Traci Iorio must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

MILLER, J.P., RITTER, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court