Ryan v Ryan
Motion No: 2011-03455
Slip Opinion No: 2011 NY Slip Op 88830(U)
Decided on November 3, 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

M128403

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2011-03455

Angela Ryan, appellant,

v Ronald Ryan, respondent.

(Index No. 50302/08)

DECISION & ORDER ON MOTION

Application pursuant to 22 NYCRR 670.8(d)(2) on an appeal from a judgment of the Supreme Court, Richmond County, dated October 28, 2011, to enlarge the respondent's time to serve and file a brief and the appellant's time to serve and file a reply brief

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from a decision of the Supreme Court, Richmond County, dated March 11, 2011, is deemed to be a permature notice of appeal from the judgment of the same court dated October 28, 2011(see CPLR 5520[c]); and it is further,

ORDERED that the branch of the application which is to enlarge the respondent's time to serve and file a brief is granted, and the respondent's brief must be served and filed on or before December 5, 2011; and it is further,

ORDERED that the branch of the application which is to enlarge the appellant's time to serve and file a reply brief is denied as premature.

DILLON, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court