Crown William Realty Corp. v 162-164 Skillman Stre
Motion No: 2005-10824 +1
Slip Opinion No: 2007 NYSlipOp 61398(U)
Decided on January 19, 2007
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

M49601

W/mv

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2005-10824, 2006-01928

Crown William Realty Corp., plaintiff-respondent,

v 162-164 Skillman Street Corp., et al., appellants;

Lazar Gross, nonparty-respondent.

(Index No. 519/05)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent and separate motion by the nonparty-respondent on appeals from two orders of the Supreme Court, Kings County, dated September 29, 2005, and February 6, 2006, respectively, inter alia, to strike the record on appeal and the appellants' brief on the grounds that they contain or refer to matter dehors the record.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branches of the motions which are to strike the record on appeal and the appellants' brief on the grounds that they contain or refer to matter dehors the record are granted and the appellants' record and brief are stricken; and it is further,

ORDERED that the motions are otherwise denied as academic; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until February 20, 2007, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

PRUDENTI, P.J., KRAUSMAN, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court