| Kaplan v Miranda |
| Motion No: 2005-07922 |
| Slip Opinion No: 2006 NYSlipOp 65593(U) |
| Decided on March 27, 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
M37657
C/sl
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
MARK C. DILLON, JJ.
|
2005-07922 Arnold J. Kaplan, et al., respondents, v Michael Miranda, appellant.
(Index No. 6659/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Nassau County, dated June 30, 2005, inter alia, to dismiss the appeal to the extent that the appellant seek to appeal from the jury verdict in the action, to strike stated portions of the record and brief on the ground that they contain and refer to matters dehors the record, and to enlarge the time to serve and file a 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 dismiss the appeal is denied, without prejudice to the respondents raising the issue in their brief; 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 respondents' time to serve and file a brief is enlarged until May 1, 2006; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., SANTUCCI, KRAUSMAN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court