| Koehler v Sei Young Choi |
| Motion No: 2007-07062 |
| Slip Opinion No: 2007 NYSlipOp 83448(U) |
| Decided on November 13, 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
M62290
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2007-07062 Carol Koehler, appellant-respondent, v Sei Young Choi, respondent-appellant, Family Services, Inc., respondent. (Index No. 5328/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Dutchess County, dated June 29, 2007, to dismiss the cross appeal as untimely taken. Motion by the respondent-appellant for an award of costs and an attorney's fee, and to impose a sanction upon the appellant-respondent for making a frivolous motion. Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) 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 thereto, and upon the papers filed in support of the application, it is
ORDERED that the motion and cross motion are denied; and it is further,
ORDERED that the application is denied as unnecessary as the appellant-respondent's reply brief will be due after service of the respondent-appellant's answering brief (see 22 NYCRR 670.8[c][3]).
MILLER, J.P., RITTER, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court