Schubert v Schubert
Motion No: 2010-11332
Slip Opinion No: 2011 NY Slip Op 69467(U)
Decided on April 8, 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

M118273

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

L. PRISCILLA HALL, JJ.

2010-11332, 2010-11350

Mary Ellen Schubert, respondent,

v Paul John Schubert, appellant.

(Index No. 50409/05)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to withdraw an appeal from an order of the Supreme Court, Richmond County, dated August 16, 2010, and to enlarge the time to perfect an appeal from an order of the same court dated June 11, 2010.

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 to withdraw the appeal from the order dated August 16, 2010 (Appellate Division Docket No. 2010-11332), is granted, and that appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated June 11, 2010, is granted, the appellant's time to perfect that appeal is enlarged until May 9, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied as unnecessary.

COVELLO, J.P., ANGIOLILLO, DICKERSON and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court