| Sheikh v Basheer |
| Motion No: 2004-08580 |
| Slip Opinion No: 2006 NYSlipOp 65228(U) |
| Decided on March 17, 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
M37313
Y/sl
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2004-08580 Salim Sheikh, appellant, v Amina Mariam Basheer, respondent. (Index No. 25884/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated September 28, 2004, inter alia, to strike pages 8 through 11 of the record and to direct the appellant to replace those pages with a copy of the subject order dated July 21, 2004, that does not contain extraneous markings, to enlarge the time to serve and file a brief on the appeal, and for the parties to be provided with a copy of the report from the Supreme Court, Queens County, dated December 1, 2005, which was issued on remittur pursuant to a decision and order on motion of this court dated November 3, 2005. Cross motion by the appellant for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike pages 8 through 11 of the record is granted, on or before April 13, 2006, the appellant shall remove, from all copies of the record on file with this court pages 8 through 11, and replace them with a copy of the same order attached as Exhibit B to the respondent's moving papers; and it is further,
ORDERED that the branch of the motion which is for an enlargement of time is granted, respondent's time to serve and file a brief is enlarged until May 15, 2006, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is for the parties to be provided with a copy of the report from the Supreme Court, Queens County, dated December 1, 2005, is granted, and the Clerk of this court, or his designee, shall provide the parties with a copy of the order; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied.
FLORIO, J.P., SANTUCCI, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court