| Blakey v Blakey |
| Motion No: 2007-05061 |
| Slip Opinion No: 2008 NYSlipOp 83841(U) |
| Decided on September 24, 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
M76224
E/sl
WILLIAM F. MASTRO, J.P.
ROBERT A. LIFSON
EDWARD D. CARNI
RANDALL T. ENG, JJ.
|
2007-05061 Michael Blakey, respondent, v Natalie Blakey, appellant. (Index No. 21847-04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellant's brief and appendix on an appeal from a judgment of the Supreme Court, Suffolk County, entered May 4, 2007, on the ground that they contain or refer to matter dehors the record, 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 strike the appellant's brief is denied; and it is further,
ORDERED that the branch of the motion which is to strike the appellant's appendix is denied as academic as no appellant's appendix was filed with the Clerk of the court; 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 October 24, 2008, and the respondent's brief must be served and filed on or before that date.
MASTRO, J.P., LIFSON, CARNI and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court