FRANK M. PIACENTE V JANICE J. PIACENTE
Motion No: CA 11-02094
Slip Opinion No: 2012 NY Slip Op 62296(U)
Decided on January 24, 2012
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.


January 24, 2012

PRESENT: SCUDDER, P.J., SMITH, FAHEY, CARNI, AND SCONIERS, JJ.

DOCKET NO. CA 11-02094

FRANK M. PIACENTE, PLAINTIFF-APPELLANT,

V

JANICE J. PIACENTE, DEFENDANT-RESPONDENT.


Appellant having moved for an order striking respondent's brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on June 6, 2011, and for other relief,

Now, upon reading and filing the affirmation of Donald J. Murphy, Esq., dated November 29, 2011, the notice of motion with proof of service thereof, and the affirmation of Willard R. Pratt, III, Esq., dated December 8, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied, and

It is further ORDERED that appellant's time to file and serve a reply brief is extended, and appellant shall file and serve a reply brief, if any, on or before February 8, 2012.

Entered: January 24, 2012

Frances E. Cafarell, Clerk