| Ekstra v Ekstra |
| Motion No: 2007-08618 |
| Slip Opinion No: 2008 NYSlipOp 63019(U) |
| Decided on February 7, 2008 |
| 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
M65884
E/sl
STEVEN P. FISHER, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2007-08618 Alexander Ekstra, respondent, v Melissa Ekstra, appellant. (Index No. 05-22283)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered October 2, 2007, to strike the respondent's brief or stated portions of the respondent's brief on the ground that it refers to matter dehors the record, and 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 and relation thereto, it is
ORDERED that the branch of the motion which is to strike the respondent's brief or stated portions of the respondent's brief 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 time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until February 15, 2008, and the reply brief must be served and filed on or before that date.
FISHER, J.P., ANGIOLILLO, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court