| Stepping Stones Associates v Seymour |
| Motion No: 2006-01553 |
| Slip Opinion No: 2007 NYSlipOp 62924(U) |
| Decided on February 9, 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. |
Appellate Division: Second Judicial Department
M50673
E/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
DAVID S. RITTER
DANIEL D. ANGIOLILLO, JJ.
|
2006-01553 Stepping Stones Associates, appellant-respondent, v Joseph Seymour, respondent-appellant. (Index No. 99-403)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to enlarge the record on an appeal and cross appeal from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated August 11, 2005, to include the pleadings in a related action pending in the Supreme Court, Westchester County. Separate motion by the appellant-respondent to strike the answering brief on the ground that it refers 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 motion to enlarge the record is denied; and it is further,
ORDERED that the motion to strike the answering brief is held in abeyance and referred to the panel of justices hearing the appeal and cross appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the time of the appellant-respondent to serve and file a reply brief is enlarged until March 12, 2007, and the reply brief must be served and filed on or before that date.
MILLER, J.P., SCHMIDT, RITTER and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court