Salzstein v Salzstein
Motion No: 2008-11642
Slip Opinion No: 2009 NY Slip Op 77511(U)
Decided on July 9, 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

M89187

E/sl

STEVEN W. FISHER, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2008-11642

Ilene Salzstein, etc., appellant-respondent,

v Ernest Salzstein, respondent-appellant,

Alfred Sklaver, etc., et al., respondents.

(Index No. 48475/02)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal from an order of the Supreme Court, Kings County, dated November 5, 2008, to enlarge the record to include certain documents and to enlarge the time to serve and file an answering brief, including 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 record is denied; and it is further,

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 answering brief must be served and filed on or before August 10, 2009; and it is further,

ORDERED that no further enlargement of time shall be granted.

FISHER, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court