| Matter of Herman v Herman |
| Motion No: 2012-11008 |
| Slip Opinion No: 2014 NY Slip Op 76316(U) |
| Decided on June 25, 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
M175468
E/sl
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JOSEPH J. MALTESE, JJ.
|
2012-11008 In the Matter of Joel Herman, appellant, v Rochel Herman, respondent. (Index No. 21738/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 5, 2012, on the ground that the appellant failed to obtain or settle any transcripts of the proceedings, or alternatively, to dismiss the appeal from so much of the order as directed the appellant's counsel to pay an attorney's fee to the respondent's counsel on the ground that the appellant is not aggrieved by that portion of the order and to strike the portions of the appellant's brief which relate thereto, to enlarge the time to serve and file a brief, and for an award of costs and an attorney's fee.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from so much of the order as directed the appellant's counsel to pay an attorney's fee to the respondent's counsel and to strike the portions of the appellant's brief which relate thereto is granted, the appeal from that portion of the order is dismissed, Point II of the appellant's brief is stricken, and on or before July 28, 2014, the appellant shall remove Point II and the table of contents entry relating to Point II, from the copies of the appellant's brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain that material; 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 September 2, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., HALL, AUSTIN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court