| Lopez v DePietro |
| Motion No: 2009-08190 |
| Slip Opinion No: 2011 NY Slip Op 63261(U) |
| Decided on February 4, 2011 |
| 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
M114989
E/sl
A. GAIL PRUDENTI, P.J.
RANDALL T. ENG
ARIEL E. BELEN
SANDRA L. SGROI, JJ.
|
2009-08190 Candida Lopez, respondent, v John DePietro, appellant. (Index No. 10450/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike the respondent's brief on an appeal from an order of the Supreme Court, Richmond County, dated July 23, 2009, and to impose a sanction upon the respondent and her attorneys.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the appellant's time to serve and file a reply brief is enlarged until February 9, 2011, and the reply brief, if any, must be served and filed on or before that date.
PRUDENTI, P.J., ENG, BELEN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court