| Matter of Spampinato v Mazza |
| Motion No: 2016-02193 |
| Slip Opinion No: 2017 NY Slip Op 61122(U) |
| Decided on January 13, 2017 |
| 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
M224503
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
CHERYL E. CHAMBERS
SYLVIA O. HINDS-RADIX, JJ.
|
2016-02193 In the Matter of Denise Spampinato, respondent, v Justin Mazza, appellant. (Docket No. V-2414-15)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike Point III of the brief of the attorney for the child on an appeal from an order of the Family Court, Orange County, dated February 1, 2016, on the ground that it refers to matter dehors the record, and to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to strike Point III of the brief of the attorney for the child 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 appellant's time to serve and file a reply brief the time is granted, the appellant's time to serve and file a reply brief on the appeal is enlarged until January 31, 2017, and the reply brief shall be served and filed on or before that date.
RIVERA, J.P., DILLON, CHAMBERS and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court