| Dempster v Liotti |
| Motion No: 2009-04859 |
| Slip Opinion No: 2010 NY Slip Op 68876(U) |
| Decided on April 20, 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
M101643
E/sl
REINALDO E. RIVERA, J.P.
STEVEN W. FISHER
MARK C. DILLON
ANITA R. FLORIO, JJ.
|
2009-04859, 2009-08810 Madeline Dempster, respondent-appellant, v Thomas F. Liotti, appellant-respondent. (Index No. 14703/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated March 31, 2009, and an appeal from an order of the same court entered August 14, 2009, to strike stated portions of the respondent-appellant's brief on the ground that they refer 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 the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike stated portions of the respondent-appellant's brief is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the appellant-respondent's time to serve and file a reply brief is granted, the appellant-respondent's time to serve and file a reply brief is enlarged until May 20, 2010, and the appellant-respondent's reply brief must be served and filed on or before that date.
RIVERA, J.P., FISHER, DILLON and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court