| McMahan v McMahan |
| Motion No: 2007-08058 |
| Slip Opinion No: 2007 NYSlipOp 84752(U) |
| Decided on November 29, 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
M62899
E/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
WILLIAM E. McCARTHY
THOMAS A. DICKERSON, JJ.
|
2007-08058 David Bruce McMahan, respondent, v Elena McMahan, appellant. (Index No. 05-399)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Westchester County, dated August 15, 2007, on the ground that the portion of the order appealed from is not appealable as of right, to enlarge his time to serve and file a brief, and to disqualify the attorneys for the appellant.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and 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 respondent's time to serve and file a brief is denied as academic as the respondent filed his brief on November 13, 2007; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., FLORIO, McCARTHY and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court