| Cooper v Cooper |
| Motion No: 2007-09385 |
| Slip Opinion No: 2008 NYSlipOp 71934(U) |
| Decided on May 14, 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
M70428
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2007-09385 Barry Cooper, etc., respondent, v Mark Cooper, appellant. (Index No. 4244/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered September 13, 2007, on the grounds that the appellant "has appealed from the wrong order" and that the appeal has been rendered academic, and 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 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 brief is granted, the respondent's time to serve and file a brief is enlarged until June 12, 2008, and the respondent's brief must be served and filed on or before that date.
RIVERA, J.P., SPOLZINO, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court