| Grasso v Grasso |
| Motion No: 2010-00254 |
| Slip Opinion No: 2010 NY Slip Op 84365(U) |
| Decided on October 7, 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
M109253
E/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2010-00254 Robert D. Grasso, appellant, v Donna A. Grasso, defendant-respondent; Jeffrey Levitt, etc., nonparty-respondent. (Index No. 200245/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Nassau County, dated December 22, 2009, in effect, to dismiss the appeal from so much of the order as directed the parties to appear for a hearing, for leave to serve a supplemental record and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the supplemental record, and to enlarge their 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, in effect, to dismiss the appeal from so much of the order as directed the parties to appear for a hearing is denied without prejudice to raising the issue in the respondents' brief; and it is further,
ORDERED that the branch of the motion which is for leave to serve a supplemental record and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the supplemental record is granted, and on or before November 8, 2010, the respondents shall serve and file a supplemental record containing the following:
(1) cross motion dated March 25, 2010, in the above-entitled action;
(2) order of the Supreme Court, Nassau County dated April 3, 2006;
(3) so-ordered stipulation of the Supreme Court, Nassau County dated April 3, 2006;
(4) order of the Supreme Court, Nassau County dated July 11, 2006;
(5) order of the Supreme Court, Nassau County dated July 14, 2006;
(6) letter of Marston C. D. Gibson, special referee, dated January 26, 2007; and
(7) so-ordered stipulation of the Supreme Court, Nassau County dated March 9, 2007; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted and the respondents' time to serve and file a brief is enlarged until November 8, 2010, and the respondents' brief must be served and filed on or before that date.
RIVERA, J.P., ANGIOLILLO, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court