| 1410 Ave. S Owners Corp. v Alexander Chimarev |
| Motion No: 2006-00765 KC |
| Slip Opinion No: 2007 NYSlipOp 72612(U) |
| Decided on June 21, 2007 |
| Appellate Term, 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 TERM : 2nd and 11th JUDICIAL DISTRICTS
| 1410 AVENUE S OWNERS CORP., Respondent, -against- ALEXANDER CHIMAREV, Appellant. |
DECISION
That branch of the motion by respondent seeking to strike the appellant's brief is denied.
That branch of the motion seeking an enlargement of time to submit a respondent's brief granted, and said brief shall be served and filed by respondent within 21 days of the date of the order hereon. Appellant, if he be so advised, may serve and file a reply brief within 14 days of the date that the respondent's brief is due to be filed pursuant to this order.
The appeal from the judgment of March 22, 2006 brings up for review the propriety of an award of attorney's fees subsequent to the vacatur of the underlying final judgment of possession (cf. Nestor v McDowell, 81 NY2d 410 [1993]; Babylon Vil. Equities v Mitchell, 11 Misc 3d 84, 85 [App Term, 9th & 10th Jud Dists 2006]) as well as the amount awarded, and this court will not consider matters dehors the record.