| Wilkerson v 134 Kitty's Corp. |
| Motion No: 2006-08218 |
| Slip Opinion No: 2007 NYSlipOp 65361(U) |
| Decided on March 16, 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
M52138
E/sl
ROBERT A. SPOLZINO, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
WILLIAM E. McCARTHY, JJ.
|
2006-08218 Ebony Wilkerson, respondent, v 134 Kitty's Corp., et al., appellants, et al., defendant.
(Index No. 20508/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated July 19, 2006, inter alia, to strike the appellants' brief on the ground that it refers to matter dehors the record.
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 appellants' brief on the ground that it refers to matter dehors the record is granted, and on or before April 16, 2007, the appellants shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until May 16, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
SPOLZINO, J.P., GOLDSTEIN, FISHER and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court