Matter of Burnham v Brenna
Motion No: 2010-12046
Slip Opinion No: 2011 NY Slip Op 70594(U)
Decided on April 21, 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

M118792

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2010-12046

In the Matter of John Burnham, appellant,

v Lisa Brenna, respondent.

(Docket Nos. V-603/08, V-604/08, V-605/08,

V-606/08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Putnam County, dated September 29, 2010, on the grounds that no appeal lies from an order directing a hearing and the appellant failed to provide transcripts of the proceedings, or 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 dismiss the appeal is denied; and it is further,

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 May 18, 2011, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., ENG, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court