| Hense v Baxter |
| Motion No: 2009-06980 |
| Slip Opinion No: 2010 NY Slip Op 73070(U) |
| Decided on June 1, 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
M103613
E/sl
WILLIAM F. MASTRO, J.P.
JOSEPH COVELLO
ARIEL E. BELEN
L. PRISCILLA HALL, JJ.
|
2009-06980 Michael A. Hense, appellant, v Janette A. Baxter, respondent. (Index No. 08-27179)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, dated June 17, 2009, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix and the appellant's supplemental appendix. Cross motion by the respondent to dismiss the appeal for failure to comply with a decision and order on motion dated March 25, 2010. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the cross motion is denied; and it is further,
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 1, 2010, and the respondent's brief must be served and filed on or before that date.
MASTRO, J.P., COVELLO, BELEN and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court