Trimarco v Trimarco
Motion No: 2016-09328
Slip Opinion No: 2017 NY Slip Op 81853(U)
Decided on August 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M235654

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2016-09328

Raquel Trimarco, appellant,

v Joseph Trimarco, respondent.

(Index No. 932/07)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated August 23, 2016, to vacate a stay of enforcement of the order dated August 23, 2016, which was granted by decision and order on motion of this Court dated September 20, 2016, for a preference in the calendaring of the appeal, and to strike the replacement brief filed by the attorney for the child or, in the alternative, for leave to serve and file a supplemental brief responding to the replacement brief filed by the attorney for the child.

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

ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief is granted and the respondent shall serve and file the supplemental brief on or before August 17, 2017, responding to the supplemental brief filed by the attorney for the child; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., LEVENTHAL, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court