| Parkin v Ederer |
| Motion No: 2004-10753 +1 |
| Slip Opinion No: 2006 NYSlipOp 60476(U) |
| Decided on January 10, 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
M34566
O/nal
PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2004-10753, 2005-02878
Scott Parkin, et al., appellants, v Louis S. Ederer, et al., respondents. (Index No. 25851/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two orders of the Supreme Court, Suffolk County, dated November 9, 2004, and February 2, 2005, respectively, to strike portions of the respondents' brief on the ground that it refers to matter dehors the record and contains scandalous and prejudicial material, and to enlarge the time to serve and file a reply 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 portions of the respondents' brief is held in abeyance, and is referred to the Justices hearing the appeals for determination upon the argument or submission of the appeals; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted; and it is further,
ORDERED that the appellants' time to serve and file a brief is enlarged until January 18, 2006, and the appellants' reply brief must be served and filed on or before that date.
SKELOS, J.P., FISHER, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court