| Scheuering v Scheuering |
| Motion No: 2007-01875 |
| Slip Opinion No: 2008 NYSlipOp 70748(U) |
| Decided on May 1, 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
M69837
E/sl
REINALDO E. RIVERA, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2007-01875 Carl A. Scheuering, respondent, v Nancy Scheuering, appellant. (Index No. 03-4350)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Orange County, dated December 19, 2006, as untimely taken, 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 denied as the respondent did not establish that the order was served with notice of entry; 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 June 2, 2008, and the respondent's brief must be served and filed on or before that date.
RIVERA, J.P., COVELLO, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court