Gross v Grossman
Motion No: 2009-03428
Slip Opinion No: 2009 NY Slip Op 86070(U)
Decided on October 16, 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

M93214

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2009-03428

Jeffrey Gross, appellant,

v Susan Grossman, respondent.

(Index No. 50705/08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated March 20, 2009, on the ground that the appellant's "right to appeal . . . terminated with entry of a final order [dated] June 12, 2009," or to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until November 16, 2009, and the respondent's brief must be served and filed on or before that date.

FISHER, J.P., COVELLO, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court