Merrick v Merrick
Motion No: 2013-10326
Slip Opinion No: 2014 NY Slip Op 86469(U)
Decided on October 15, 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

M181195

T/ct

RANDALL T. ENG, P.J.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2013-10326

David Merrick, respondent,

v Deborah Merrick, appellant.

(Index No. 5946/10)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the record and the appellant's brief on an appeal from a judgment of the Supreme Court, Orange County, dated September 4, 2013, 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 the papers filed in opposition thereto, it is

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 November 10, 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.

ENG, P.J., DUFFY, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court