Turco v Turco
Motion No: 2011-03493
Slip Opinion No: 2012 NY Slip Op 64636(U)
Decided on February 16, 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

M133402

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2011-03493

Joanne Capace Turco, appellant-respondent,

v James Turco, respondent-appellant.

(Index No. 200563/07)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant, inter alia, to strike stated portions of the joint record on appeal and the appellant-respondent's brief on an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, entered March 30, 2011, on the ground that they contain or refer to matter dehors the record, 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 to enlarge the time to serve and file a brief is granted, the respondent-appellant's time to serve and file a brief is enlarged until March 19, 2012, and the respondent-appellant's brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., CHAMBERS, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court