| Welz v Welz |
| Motion No: 2009-02522 |
| Slip Opinion No: 2010 NY Slip Op 69670(U) |
| Decided on April 27, 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
M101851
E/sl
PETER B. SKELOS, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2009-02522 Louis Welz, appellant, v Judy Welz, respondent. (Index No. 10532/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, entered February 11, 2009, inter alia, to strike the record on appeal and the appellant's brief on the ground that the record on appeal is inadequate and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Kings County, to report on whether it considered the respondent's opposition in determining the appellant's motion to vacate the order dated September 22, 2008, and the motion, inter alia, to strike the record on appeal is held in abeyance in the interim. The Supreme Court, Kings County, shall file its report with all convenient speed.
SKELOS, J.P., MILLER, LEVENTHAL and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court