| Byrnes v Wojyowicz |
| Motion No: 2010-09518 |
| Slip Opinion No: 2011 NY Slip Op 72840(U) |
| Decided on May 13, 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
M120128
E/sl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2010-09518 Donna Byrnes, appellant, v Dimitra K. Wojtowicz, et al., respondents. (Index No. 5898/09)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike the appellant's brief for failure to include a statement of facts on an appeal from an order of the Supreme Court, Kings County, dated August 20, 2010, and to enlarge the time to serve and file a brief.
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 granted; and it is further,
ORDERED that on or before May 31, 2011, the appellant shall file a replacement brief that contains a statement of facts; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until June 30, 2011, and the respondents' brief must be served and filed on or before that date.
ANGIOLILLO, J.P., FLORIO, BELEN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court