| Kelly v Kelly |
| Motion No: 2008-11641 |
| Slip Opinion No: 2009 NY Slip Op 81363(U) |
| Decided on August 26, 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. |
Appellate Division: Second Judicial Department
M91272
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
JOSEPH COVELLO
RUTH C. BALKIN, JJ.
|
2008-11641 Catherine Kelly, respondent-appellant, v J. Brian Kelly, appellant-respondent. (Index No. 06-5111)
| DECISION & ORDER ON MOTION |
Motion by J. Brian Kelly for leave to file a supplemental joint record on an appeal from a judgment of the Supreme Court, Orange County, dated November 20, 2008. Separate motion by Appeal Press, LLC, to direct Catherine Kelly to pay a one-half share of the cost of the joint record on appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion of J. Brian Kelly is granted and on or before September 16, 2009, J. Brian Kelly shall serve and file a supplemental joint record containing the exhibits to the affidavit in opposition of J. Brian Kelly dated September 12, 2008; and it is further,
ORDERED that the time of J. Brian Kelly to serve and file a reply brief is enlarged until September 16, 2009, and J. Brian Kelly shall serve and file a reply brief on or before that day; and it is further,
ORDERED that the motion of Appeal Press, LLC, is dismissed on the ground that it lacks standing, without prejudice to J. Brian Kelly moving for the relief requested in that motion.
SKELOS, J.P., FLORIO, COVELLO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court