| Matter of O'Connor v Klotz |
| Motion No: 2014-00940 |
| Slip Opinion No: 2014 NY Slip Op 65233(U) |
| Decided on February 28, 2014 |
| 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. |
Appellate Division: Second Judicial Department
M169655
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2014-00940 In the Matter of Madeline O'Connor, appellant, v Raymond Klotz, respondent. (Docket Nos. V-77-14/14B, V-11577-13/14I, V-15074/08/14A)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of an appeal from an order of the Family Court, Suffolk County, dated January 22, 2014. Cross motion by the respondent, inter alia, to strike the appellant's brief on the ground that it refers to matter dehors the record.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is to strike the appellant's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the cross motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until April 2, 2014, and the respondent's brief must be served and filed on or before that date.
SKELOS, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court