Cohen v Cohen
Motion No: 2007-10997
Slip Opinion No: 2014 NY Slip Op 65504(U)
Decided on March 5, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M170471

E/ct

RANDALL T. ENG, P.J.

MARK C. DILLON

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2007-10997, 2007-11001, 2008-00215

Allan Cohen, respondent,

v Joan Cohen, appellant.

(Index No. 204031/01)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from a judgment of the Supreme Court, Nassau County, entered November 2, 2007, and two orders of the same court dated October 30, 2007, and December 3, 2007, respectively, on the ground that the appellant failed to properly settle and file all relevant transcripts, or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeals is denied without prejudice to raising any appropriate issue regarding the adequacy of the record in the respondent's brief; 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 May 5, 2014, and the respondent's brief must be served and filed on or before that date.

ENG, P.J., DILLON, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court