Wasif v Khan
Motion No: 2006-02106
Slip Opinion No: 2006 NYSlipOp 76352(U)
Decided on September 22, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M44872

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2006-02106

Aneela Wasif, et al., appellants, v

Nawaz Khan, respondent.

(Index No. 22061/04)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated February 17, 2006, to strike stated portions of the respondent's brief 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 stated portions of the respondent's brief on the ground that it refers to matter dehors the record is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellants' time to serve and file a reply brief is enlarged until October 2, 2006, and the reply brief must be served and filed on or before that date.

PRUDENTI, P.J., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court