Matter of Fulmer v Buxenbaum
Motion No: 2010-09155
Slip Opinion No: 2011 NY Slip Op 82545(U)
Decided on September 1, 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

M125204

E/ct

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-09155

In the Matter of Rachel Fulmer, appellant,

v Michael Buxenbaum, Jr., respondent.

(Docket No. F-19547/07)

DECISION & ORDER ON MOTION

Motion by the appellant to strike the respondent's brief on an appeal from an order of the Family Court, Suffolk County, dated August 13, 2010, or to strike stated portions of the respondent's brief and to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to strike the respondent's brief or to strike stated portions of the respondent's brief are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until October 3, 2011, and the reply brief must be served and filed on or before that date.

MASTRO, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court