| White v Mazzella-White |
| Motion No: 2009-09007 |
| Slip Opinion No: 2010 NY Slip Op 90686(U) |
| Decided on December 14, 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
M112489
J/sl
JOSEPH COVELLO, J.P.
ANITA R. FLORIO
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2009-09007 James M. White, Jr., respondent, v Theresa Mazzella-White, appellant. (Index No. 02-8350)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated August 21, 2009, on the ground that the appellant's brief does not comply with binding requirements set forth in 22 NYCRR 670.10.1(c), or, in the alternative, for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is for the assignment of counsel is denied with leave to renew on or before January 3, 2011, upon proper papers, including the respondent's affidavit setting forth the value of all assets, both real and personal.
COVELLO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court