| Vogelgesang v Vogelgesang |
| Motion No: 2008-10413 |
| Slip Opinion No: 2009 NY Slip Op 86755(U) |
| Decided on October 22, 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
M93510
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2008-10413 Teresa Vogelgesang, respondent, v Arthur Vogelgesang, appellant. (Index No. 750/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated September 15, 2008, to strike the respondent's brief and appendix on the ground, inter alia, that they contain or refer to matter dehors the record, to enlarge the time to serve and file a reply brief, for an award of costs and an attorney's fee, and to impose a sanction upon the respondent.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the time to serve and file a reply brief is enlarged until November 2, 2009, and the reply 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; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., DICKERSON, BELEN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court