| Matter of Rye Police Association v City of Rye |
| Motion No: 2005-01477 |
| Slip Opinion No: 2006 NYSlipOp 68792(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
M39594
O/sl
STEPHEN G. CRANE, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2005-01477 In the Matter of Rye Police Association, appellant, v City of Rye, respondent. (Index No. 04-3558)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Westchester County, entered January 11, 2005, to strike the record on the ground that it contains matter dehors the record, and does not include material which is properly part of the record, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the record is stricken; and it is further;
ORDERED that on the court's own motion, the appellant's brief is stricken; and it is further,
ORDERED that the appellant shall serve and file a replacement record and brief on or before June 15, 2006; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until July 17, 2006, and the respondent's brief must be served and filed on or before that date.
CRANE, J.P., RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court