Rio v Rio
Motion No: 2011-03426
Slip Opinion No: 2012 NY Slip Op 63059(U)
Decided on February 2, 2012
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

M132680

E/ct

MARK C. DILLON, J.P.

ANITA R. FLORIO

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2011-03426

Frank Rio, appellant,

v Lori Lynn Rio, respondent.

(Index No. 11207-08)

DECISION & ORDER ON MOTION

Motion by the respondent for an award of counsel fees to defend an appeal from an order of the Supreme Court, Suffolk County, dated March 25, 2011, and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is for an award of counsel fees is denied without prejudice to seeking this relief in the Supreme Court, Suffolk County; and it is further,

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 April 3, 2012, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., FLORIO, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court