| Matter of Muller v Castagnola |
| Motion No: 2010-10230 |
| Slip Opinion No: 2011 NY Slip Op 68184(U) |
| Decided on March 25, 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
M117613
E/sl
JOSEPH COVELLO, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
ARIEL E. BELEN, JJ.
|
2010-10230 In the Matter of Laurie J. Muller, appellant, v Robert J. Castagnola, respondent. (Docket No. O-10190/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Nassau County, dated October 19, 2010, in effect, to amend so much of a decision and order on motion of this Court dated November 30, 2010, as conditioned the reinstatement of a temporary order of protection dated September 28, 2010, upon the perfection of the appeal on or before January 31, 2011, to enlarge the time to perfect the appeal, and for leave to prosecute the appeal on the original papers.
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 branch of the motion which is, in effect, to amend the decision and order on motion of this Court dated November 30, 2010, is granted, and the decision and order on motion dated November 30, 2010, is amended by deleting from the decretal paragraphs thereof the date "January 31, 2011," and substituting therefor the date "April 26, 2011;" and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until April 26, 2011.
COVELLO, J.P., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court