| Diaz v Diaz |
| Motion No: 2008-11105 |
| Slip Opinion No: 2009 NY Slip Op 87738(U) |
| Decided on November 4, 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
M94050
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2008-11105 Tina Marie Diaz, respondent, v Nicola A. Diaz, appellant. (Index No. 201528/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated October 30, 2008, in effect, to waive the filing fee and for the assignment of counsel. Cross motion by the appellant to stay enforcement of an order of the same court dated March 8, 2007.
Upon the papers filed in support of the motion and the cross motion, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is, in effect, to waive the filing fee is denied as unnecessary; and it is further,
ORDERED that the branch of the motion which is for the assignment of counsel is denied; and it is further,
ORDERED that the cross motion is denied; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until December 21, 2009, 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.
RIVERA, J.P., DICKERSON, HALL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court