Palumbo v Palumbo
Motion No: 2007-05668
Slip Opinion No: 2010 NY Slip Op 80897(U)
Decided on August 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M107639

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2007-05668

Charleen Anne Palumbo, respondent,

v Robert Palumbo, appellant.

(Index No. 24096/97)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an amended order of the Supreme Court, Nassau County, entered May 23, 2007, inter alia, for leave to reargue his opposition to the respondent's cross motion, which was determined by a decision and order on motion dated August 13, 2010.

Upon the papers filed in support of the motion and the the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the appellant's time to comply with the decision and order on motion dated August 13, 2010, by serving and filing a replacement appendix and a replacement brief that comply with CPLR 5528 and the rules of this court (see 22 NYCRR 670.10.2[c]), and do not contain or refer to matter dehors the record is extended until October 12, 2010.

SKELOS, J.P., ENG, HALL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court