Margolis v Cohen
Motion No: 2015-02463
Slip Opinion No: 2016 NY Slip Op 64193(U)
Decided on February 11, 2016
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

M206271

E/ct

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2015-02463

Amy Margolis, appellant,

v Alan Cohen, respondent.

(Index No. 203365/06)

DECISION & ORDER ON MOTION

Motion by the respondent to strike a certain marital settlement agreement from the appellant's appendix and all references to that settlement agreement from the appellant's brief on an appeal from a judgment of the Supreme Court, Nassau County, entered January 30, 2015, and to enlarge the time to serve and file a brief. Application by the respondent 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to strike a certain marital settlement agreement from the appellant's appendix and all references to that settlement agreement from 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 branch of the motion which is to enlarge the respondent's time to serve and file a brief and the application for that relief are granted, the respondent's time to serve and file a brief is enlarged until March 14, 2016, the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., BALKIN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court