| Matter of Mera v Rodriguez |
| Motion No: 2009-05628 |
| Slip Opinion No: 2010 NY Slip Op 64612(U) |
| Decided on March 2, 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
M99286
E/sl
A. GAIL PRUDENTI, P.J.
RUTH C. BALKIN
JOHN M. LEVENTHAL
LEONARD B. AUSTIN, JJ.
|
2009-05628 In the Matter of Moises Mera, appellant, v Gloria Rodriguez, respondent. (Docket No. V-01465-08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the record on an appeal from an order of the Family Court, Westchester County, dated June 3, 2009, to include certain documents or for leave to file a replacement brief. Cross motion by the appellant, in effect, to strike the respondent's brief on the ground that it refers to matter dehors the record.
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 record is denied; and it is further,
ORDERED that the branch of the motion which is for leave to file a replacement brief is granted, and the respondent shall serve and file a replacement brief on or before March 16, 2010; and it is further,
ORDERED that the cross motion is denied as academic.
PRUDENTI, P.J., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court