Matter of Hall v Simmons
Motion No: 2011-10463
Slip Opinion No: 2013 NY Slip Op 67124(U)
Decided on March 12, 2013
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

M152844

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2011-10463, 2011-10464

In the Matter of Tania Hall, respondent,

v Barry Simmons, appellant.

(Docket Nos. V-6966-98/10G, V-6966-98/10I)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Family Court, Queens County, dated October 4, 2011, and October 5, 2011, respectively, on the ground that they have been rendered academic or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition

ORDERED that the branch of the motion which is to dismiss the appeals is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 12, 2013, and the respondent's brief must be served and filed on or before that date.

ENG, P.J., RIVERA, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court