| Matter of Rizzottto v Romano |
| Motion No: 2024-08258 |
| Slip Opinion No: 2025 NY Slip Op 81776(U) |
| Decided on December 5, 2025 |
| 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
M309823
AFA/
BETSY BARROS, J.P.
CHERYL E. CHAMBERS
LILLIAN WAN
SUSAN QUIRK, JJ.
|
2024-08258 In the Matter of Anthony Rizzotto, etc., appellant, v Benadetto Romano, etc., respondent. (Index No. 601516/2024)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated May 23, 2024. Motion by the respondent to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record and to extend 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 strike stated portions of the appellant's brief is denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before January 5, 2025, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
BARROS, J.P., CHAMBERS, WAN and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court