| Matter of Ennis v Pina |
| Motion No: 2010-00040 |
| Slip Opinion No: 2010 NY Slip Op 77220(U) |
| Decided on July 16, 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
M105803
S/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
|
2010-00040 In the Matter of Trudy Ennis, respondent, v Ralph Pina, appellant. (Docket No. F-08399-08)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Family Court, Suffolk County, dated December 2, 2009, on the ground, inter alia, that the record was not properly settled and the appellant's brief refers to matter dehors the record, or 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 or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied without prejudice to the respondent raising the issue that the appellant's brief refers to matter dehors the record in her brief; and it is further,
ORDERED that the ranch of the motion which is to enlarge the respondent's time to serve and file a brief is enlarged until August 16, 2010, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted.
SKELOS, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court