| Fernandez v Price |
| Motion No: 2008-01494 |
| Slip Opinion No: 2008 NYSlipOp 88250(U) |
| Decided on November 5, 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
M78097
E/sl
STEVEN W. FISHER, J.P.
RUTH C. BALKIN
WILLIAM E. McCARTHY
JOHN M. LEVENTHAL, JJ.
|
2008-01494, 2008-07224 Ambassador Chief Antonio Oladeinde Fernandez, appellant-respondent, v Sandra Inett Price, etc., respondent- appellant. (Index No. 04-3291)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to strike the respondent-appellant's answering brief or stated portions thereof on appeals and cross appeals from a judgment of the Supreme Court, Westchester County, dated January 3, 2008, and an order of the same court entered June 12, 2008, 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 thereto, it is
ORDERED that the branch of the motion which is to strike the respondent-appellant's answering brief or stated portions thereof is denied; 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-respondent's time to serve and file a reply brief is enlarged until December 3, 2008, and the reply brief must be served and filed on or before that date.
FISHER, J.P., BALKIN, McCARTHY and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court