O'Brien v O'Brien
Motion No: 2010-00930
Slip Opinion No: 2011 NY Slip Op 64836(U)
Decided on February 22, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M115810

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-00930, 2010-08040, 2010-08041

Adelaida O'Brien, respondent,

v Kevin O'Brien, appellant.

(Index No. 02-2309)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two judgments of the Supreme Court, Orange County, dated November 30, 2009, and May 11, 2010, respectively, and an order of the same court dated June 25, 2010, to strike stated portions of the appellant's appendix and brief on the ground that they contain or refer to matter dehors the record, and to enlarge the 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 to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until March 21, 2011, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court