Breytman v Olinville Realty, LLC
Motion No: 2006-11049
Slip Opinion No: 2008 NYSlipOp 62091(U)
Decided on January 25, 2008
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

M65309

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

EDWARD D. CARNI, JJ.

2006-11049, 2007-02932, 2007-08892

Alexander Breytman, appellant,

v Olinville Realty, LLC, et al., respondents.

(Index No. 2423/06)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Kings County, dated October 20, 2006, and two orders of the same court both dated March 1, 2007, to strike the respondents' brief on the ground, inter alia, that it contains scandalous material. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto and upon the application, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted, the appellant's time to serve and file a reply brief is enlarged until February 11, 2008, and the reply brief must be served and filed on or before that date.

SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court