DIANE C. CZEBATOL V J. MICHAEL CZEBATOL
Motion No: CA 11-02196
Slip Opinion No: 2011 NY Slip Op 91135(U)
Decided on November 29, 2011
Appellate Division, Fourth 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.


November 29, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-02196

DIANE C. CZEBATOL, PLAINTIFF-RESPONDENT,

V

J. MICHAEL CZEBATOL, DEFENDANT-APPELLANT.


Respondent having moved to expedite the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 8, 2011,

Now, upon reading and filing the affirmation of Seema Ali Rizzo, Esq., dated November 8, 2011, the notice of motion with proof of service thereof, and the affirmation of David A. Merkel, Esq., dated November 14, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that respondent files and serves her respondent's brief on or before December 1, 2011, in which case the appeal shall be removed from the calendar for the term of the Court commencing March 26, 2012, and shall be added to the Court's calendar for the term commencing January 17, 2012.

Entered: November 29, 2011

Patricia L. Morgan, Clerk