| Guayara v First Rockaway Coast Corporation |
| Motion No: 2005-08594 |
| Slip Opinion No: 2006 NYSlipOp 71864(U) |
| Decided on July 12, 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
M41945
A/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-08594 Maria Guayara, respondent, v First Rockaway Coast Corporation, appellant. (Index No. 20774/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated July 27, 2005, to strike the appellant's brief on the ground that it raises issues that were not before the Supreme Court, and to enlarge her 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 brief is granted, and on or before August 15, 2006, the appellant shall serve and file a replacement brief which raises only issues that were raised in the Supreme Court; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is denied as academic.
KRAUSMAN, J.P., GOLDSTEIN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court