DiNozzi v DiNozzi
Motion No: 2008-05865
Slip Opinion No: 2009 NY Slip Op 80553(U)
Decided on August 13, 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

M90772

E/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2008-05865, 2008-05866

Nick DiNozzi, appellant,

v Anna DiNozzi, respondent.

(Index No. 74-07)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the appellant's brief on appeals from a decision of the Supreme Court, Suffolk County, dated May 20, 2008, and an order of the same court dated May 29, 2008, and to enlarge her 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 enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until October 19, 2009, and the respondent's brief must be served and filed on or before that date.

FLORIO, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court