| Man Choi Chiu v Chiu |
| Motion No: 2008-04349 |
| Slip Opinion No: 2008 NYSlipOp 91218(U) |
| Decided on December 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
M79472
E/sl
WILLIAM F. MASTRO, J.P.
STEVEN W. FISHER
FRED T. SANTUCCI
JOSEPH COVELLO, JJ.
|
2008-04349 Man Choi Chiu, et al., respondents-appellants, v Winston Chiu, etc., et al., appellants-respondents. (Index No. 21170/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants, inter alia, to strike stated portions of the appellants-respondents' brief and the joint record on an appeal and cross appeal from an amended judgment of the Supreme Court, Queens County, dated April 18, 2008, and to enlarge their time to serve and file an answering brief, including their points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).
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 enlarge the time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is granted, and the respondents-appellants shall serve and file their answering brief on or before January 5, 2009; and it is further,
ORDERED that the remainder of the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
MASTRO, J.P., FISHER, SANTUCCI and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court