| Iannucci v 70 Washington Partners, LLC |
| Motion No: 2007-02284 |
| Slip Opinion No: 2007 NYSlipOp 82866(U) |
| Decided on November 2, 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
M62061
E/sl
GLORIA GOLDSTEIN, J.P.
MARK C. DILLON
JOSEPH COVELLO
WILLIAM E. McCARTHY, JJ.
|
2007-02284 Robert Iannucci, respondents, v 70 Washington Partners, LLC, appellant, et al., defendant. (Index No. 14485/06)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated January 19, 2007, to strike stated portions of the appellant's brief on the ground that it refers to matter dehors the record or to direct the appellant to supplement the record with certain material, and to enlarge the time to serve and file a 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 appellant's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until December 3, 2007, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
GOLDSTEIN, J.P., DILLON, COVELLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court