Tenore v. Tenore

Full title: Patricia Tenore, respondent, v. Thomas Tenore, appellant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Aug 24, 2012

2012 N.Y. Slip Op. 82460 (N.Y. App. Div. 2012)

Opinion

2011-10803 2012-01008 2012-04323 Index No. 05-4324 M142496

08-24-2012

Patricia Tenore, respondent, v. Thomas Tenore, appellant.

REINALDO E. RIVERA

, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Rockland County, dated October 11, 2011, and March 22, 2012, respectively, and an order of the same court entered December 19, 2011, inter alia, for leave to reargue that branch of the respondent's prior motion which was, in effect, to strike the appellant's appendix and brief as inadequate. The respondent's prior motion was determined by decision and order on motion of this Court dated June 14, 2012.

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

ORDERED that the branch of the appellant's motion which is for leave to reargue that branch of the respondent's prior motion which was, in effect, to strike the appellant's appendix as inadequate is granted, and, upon reargument, so much of the decision and order of this Court dated June 14, 2012, as struck the appellant's appendix is recalled and vacated, that branch of the respondent's prior motion is granted to the extent that on or before September 24, 2012, the appellant shall serve and file a supplemental appendix containing the remaining 10 exhibits filed by the respondent in support of her motion for counsel fees, which resulted in the order entered December 19, 2011, as well as any papers considered by the Supreme Court, Rockland County, in issuing the order dated March 22, 2012, and that branch of the respondent's prior motion is otherwise denied; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to serve and file a replacement brief is enlarged until September 24, 2012, and the appellant's replacement brief must be served and filed on or before that date; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until October 24, 2012, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., DICKERSON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court