| Genao v New York City Housing Authority |
| Motion No: 2005-08060 |
| Slip Opinion No: 2006 NYSlipOp 60414(U) |
| Decided on January 9, 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 is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M34617
E/sl
PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2005-08060 Zoila Genao, appellant, v New York City Housing Authority, respondent. (Index No. 27526/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated August 10, 2005, to strike the appellant's brief on the ground that it refers to matter dehors the record, to enlarge the time to serve and file a brief, and to dismiss the appeal from stated portions of the order on the ground that those portions have been rendered academic or on the ground that no appeal lies from those portions of an order that were not the result of a motion made on notice.
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 the appellant's brief is granted to the extent that (1) the last sentence of the first paragraph on page three, which begins with the word "Despite" and ends with the words "fire burned," and (2) the last paragraph on page 10 beginning with "That being said" through the first line on page 11, ending with "meritorious defense.", are stricken and on or before January 19, 2006, the appellant shall delete or remove that material from the copies of the brief on file with the Clerk of this court or serve and file a replacement brief that does not contain the stricken material, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until February 21, 2006, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
SKELOS, J.P., FISHER, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court