Matter of Ataande v Ataande
Motion No: 2009-10876
Slip Opinion No: 2010 NY Slip Op 73086(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M103606

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2009-10876

In the Matter of Agnes Ataande, respondent,

v Norbert Ataande, appellant.

(Docket No. F-11637-07)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Family Court, Westchester County, dated October 20, 2009, to strike the record as inadequate or direct the appellant to file a supplemental record 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 branch of the motion which is to direct the appellant to file a supplemental record containing the transcript of the proceedings on December 23, 2008, is granted, and on or before June 28, 2010, the appellant shall serve and file a supplemental record containing that transcript; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, and the respondent's time to serve and file a brief is enlarged until July 28, 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.

MASTRO, J.P., COVELLO, BELEN and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court