| Bentz v Bentz |
| Motion No: 2009-01393 |
| Slip Opinion No: 2010 NY Slip Op 60926(U) |
| Decided on January 14, 2010 |
| 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
M97286
S/sl
JOSEPH COVELLO, J.P.
FRED T. SANTUCCI
HOWARD MILLER
RANDALL T. ENG, JJ.
|
2009-01393 Stephen Bentz, appellant, v Jennifer Bentz, respondent. (Index No. 14347-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated December 29, 2008, to strike the respondent's brief on the ground that it refers to matter dehors the record, and to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the respondent's brief is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until February 11, 2010, and the reply brief shall be served and filed on or before that date.
COVELLO, J.P., SANTUCCI, MILLER and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court