| Abenante v Star Gas Corporation |
| Motion No: 2005-10577 |
| Slip Opinion No: 2006 NYSlipOp 68739(U) |
| Decided on May 15, 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
M39624
Y/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-10577 James Abenante, et al., plaintiffs, v Star Gas Corporation, etc., defendants, William M. Weisberg, etc., nonparty-appellant; Meiselman, Denlea, Packman & Eberz, P.C., nonparty respondent. (Index No. 6525/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike the respondent's brief on an appeal from an order of the Supreme Court, Orange County, dated September 30, 2005, on the ground that it refers to matter dehors the record, 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 the respondent's brief is granted to the extent that on or before May 29, 2006, the respondent shall remove from all copies of the briefs on file with this court the sentence on page 26 beginning with the words "It is interesting," and ending with the words "that concession," and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge time is granted and the reply brief shall be served and filed on or before June 9, 2006.
MILLER, J.P., SCHMIDT, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court