Muskat-Roth v Roth
Motion No: 2010-03048
Slip Opinion No: 2010 NY Slip Op 84006(U)
Decided on October 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

M108772

P/sl

2010-03048

Jeanne Muskat-Roth, respondent,

v Donald Roth, appellant.

(Index No. 791/09)

ORDER ON APPLICATION

ORDERED that the order on application dated September 10, 2010 in the above- entitled case is recalled and vacated, and the following order on application is substituted therefor:

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated March 8, 2010.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted to the extent that the appellant's time to perfect the appeal is enlarged until November 15, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and the application is otherwise denied.

ENTER:

Matthew G. Kiernan

Clerk of the Court