Le v Le
Motion No: 2009-03257
Slip Opinion No: 2009 NY Slip Op 91345(U)
Decided on December 15, 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

M95981

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, 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 Stephanie Le on an appeal and cross appeal from a judgment of the Supreme Court, IDV Part, Rockland County, entered February 25, 2009, to dismiss the cross appeal on the ground that Kevin Le failed to settle and file the transcript, and to enlarge the time to serve and file a brief.

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 motion is denied on condition that on or before January 14, 2010, Kevin Le settles and files the transcript; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until February 15, 2010, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., SANTUCCI, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court