Patricia J. Shultz - v Howard Schultz - .

Motion No: 504945

Slip Opinion No: 2008 NYSlipOp 82478(U)

Decided on August 1, 2008

Appellate Division, Third 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.

Decided and Entered: August 1, 2008

Case # 504945

PATRICIA J. SHULTZ, Respondent-Appellant, v HOWARD SCHULTZ, Appellant-Respondent.

DECISION AND ORDER ON MOTION

Motion, pursuant to 22 NYCRR 800.9 (e), to designate defendant as appellant and to accept late filing of precalendar statement.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to designate defendant as appellant is granted, without costs, and defendant is directed to file and serve his brief and the record on appeal first, and it is further

ORDERED that the motion to accept the late filing of the precalendar statement is granted, without costs.
SPAIN, J.P., ROSE, LAHTINEN, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court