| Matter of Simmons v Simmons |
| Motion No: 2009-04408 |
| Slip Opinion No: 2009 NY Slip Op 86094(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. |
Appellate Division: Second Judicial Department
M93224
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2009-04408, 2009-04409, 2009-04410 In the Matter of Tracy S. Simmons, appellant, v Jeff A. Simmons, respondent. (Docket No. F-01852-06)
| DECISION AND ORDER ON MOTION |
Motion by the respondent to dismiss appeals from three orders of the Family Court, Nassau County, all dated March 31, 2009, on the ground that the appellant's brief refers to matter dehors the record and contains inflammatory remarks, to direct the appellant to file a replacement brief, and to enlarge the 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 branches of the motion which are to dismiss the appeals or to direct the appellant to file a replacement brief are 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 November 16, 2008, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted.
SKELOS, J.P., FLORIO, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court