| Welz v Welz |
| Motion No: 2009-02522 |
| Slip Opinion No: 2010 NY Slip Op 72134(U) |
| Decided on May 21, 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
M103273
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. By decision and order on motion dated April 27, 2010, the matter was 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 was held in abeyance in the interim. The Supreme Court, Kings County, has issued its report dated May 7, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Kings County, dated May 7, 2010, it is
ORDERED that the branch of the motion which is to strike the record on appeal is granted to the extent that pages 165 through 174 as well as lines 1 through 9 of page 175 of the record on appeal are stricken and on or before June 4, 2010, the appellant shall remove those pages from the copies of the record on appeal filed with the Clerk of the court and serve and file a supplemental record containing the orders of the Supreme Court, Kings County, dated November 5, 2007, December 21, 2007, and September 22, 2008, respectively, as well as the papers filed by the respondent in opposition to the motion that resulted in the order entered February 11, 2009; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until July 6, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., MILLER, LEVENTHAL and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court