| Andre v Bonetto Realty Corp. |
| Motion No: 2005-03082 +1 |
| Slip Opinion No: 2006 NYSlipOp 60087(U) |
| Decided on January 3, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
Appellate Division: Second Judicial Department
M34188
Y/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
|
2005-03082, 2005-11090 Joan Andre, etc., et al., appellants, v Bonetto Realty Corp., et al., respondents. (Index No. 32703/95)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike portions of the record and the appellants' brief on an appeal from an order of the Supreme Court, Kings County, dated February 8, 2005 (Appellate Division Docket No. 2005-03082), on the ground that they contain or refer to material dehors the record. Cross motion by the appellants to consolidate that appeal with an appeal from an order of the same court dated August 4, 2005 (Appellate Division Docket No. 2005-11090), and to deem the record on the appeal from the order dated February 8, 2005, along with a supplemental record to be filed on the appeal from the order dated August 4, 2005, to be the record on both appeals.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is granted to the extent that the deposition transcript of Marie Andre (at pages 144 through 275) and the Department of Health Reports (at pages 276 through 304), on the record filed under Appellate Division Docket No. 2005-03082, are stricken, and on or before January 31, 2006, the appellants shall remove the above-noted pages from the copies of the record on appeal on file with this court, and the motion is otherwise denied; and it is further,
ORDERED that the cross motion is granted, and, on or before January 31, 2006, the appellants are directed to serve and file a supplemental record which includes the notice of appeal from the order dated August 4, 2005; and it is further,
ORDERED that on the court's own motion the appellants' brief filed under Appellate Division Docket No. 2005-03082 is stricken and, on or before January 31, 2006, the appellants shall serve and file a new brief which includes arguments on both appeals; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until March 3, 2006, and the respondents' brief must be served and filed on or before that date.
PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court