Hay v Hay
Motion No: 2008-07352
Slip Opinion No: 2009 NYSlipOp 63958(U)
Decided on February 19, 2009
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M82660

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

HOWARD MILLER

CHERYL E. CHAMBERS, JJ.

2008-07352, 2008-10186

Mary Ellen Hay, appellant,

v James Hay, respondent.

(Index No. 10544-07)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of appeals from two orders of the Supreme Court, Suffolk County, dated July 1, 2008, and September 23, 2008, respectively, to award her exclusive use and occupancy of the marital premises and temporary child support in the sum of $955.75 pending hearing and determination of the appeal, and for an award of an attorney's fee in the sum of $20,000. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the application, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 23, 2009, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., RITTER, MILLER and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court