Le v Le
Motion No: 2009-03257
Slip Opinion No: 2009 NY Slip Op 84812(U)
Decided on October 1, 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

M92668

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2009-03257

Stephanie Le, respondent,

v Kevin Le, respondent-appellant;

Lynn J. Brustein-Kampel, et al., nonparty-

appellants-respondents.

(Index No. 07-2369)

DECISION & ORDER ON MOTION

Motion by Kevin Le on an appeal and cross appeal from a judgment of the Supreme Court, IDV Part, Rockland County, entered February 25, 2009, to enlarge the time to file an answering brief, including his points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), and for leave to waive his filing fee, for free transcripts, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to file an answering brief is granted, and Kevin Le shall serve and file his answering brief, including his points of argument on the cross appeal, on or before November 5, 2009 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied.

SKELOS, J.P., SANTUCCI, BELEN and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court