| Astrel v Yarborough |
| Motion No: 2005-04215 |
| Slip Opinion No: 2006 NYSlipOp 66519(U) |
| Decided on April 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 is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M37940
T/sl
THOMAS A. ADAMS, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2005-04215 Rosier Astrel, appellant, v Sarah Yarborough, respondent. (Index No. 20970/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Queens County, entered April 11, 2005, to strike the appellant's appendix and brief on the ground that they contain or refer to matter dehors the record, or, in the alternative, 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 strike the appellant's appendix and brief is 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 denied as academic, as the respondent's brief was timely filed.
ADAMS, J.P., RIVERA, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court