Matter of Miller v Miller
Motion No: 2010-05642
Slip Opinion No: 2011 NY Slip Op 83054(U)
Decided on September 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

M125435

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2010-05642

In the Matter of Teresa M. Miller, appellant,

v Mark H. Miller, respondent.

(Docket Nos. V-06091-09, V-06092-09,

O-6849-09)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike the appellant's purported appendix on an appeal from an order of the Family Court, Nassau County, dated May 6, 2010, and 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 enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until October 11, 2011, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to strike the appellant's purported appendix is denied on the ground that no appendix has been filed; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., ENG, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court