Green Apple Management Corp. v Aronis
Motion No: 2007-03996
Slip Opinion No: 2008 NYSlipOp 66614(U)
Decided on March 17, 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

M67695

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-03996

Green Apple Management Corp., appellant,

v John Aronis, respondent, et al., defendant.

(Index No. 17189/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated February 26, 2007, to strike the record on appeal and the appellant's brief on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a brief. Cross motion by the appellant to enlarge the record on appeal and for leave to file a replacement brief.

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

ORDERED that the branch of the motion which is to strike the record on appeal and the appellant's brief is granted to the extent that pages 7 through 41, 55, 58, and 61 through 67A of the record on appeal and the appellant's brief are stricken, and that branch of the motion is otherwise denied; and it is further,

ORDERED that on or before April 7, 2008, the appellant shall file a replacement brief that does not refer to matter dehors the record and shall either delete or remove the stricken material from the copies of the record on appeal on file with the Clerk of this court or serve and file a replacement record on appeal that does not contain the stricken material; 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 respondent's time to serve and file a brief is enlarged until May 7, 2008, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the record on appeal is denied; and it is further,

ORDERED that the branch of the cross motion which is for leave to file a replacement brief is granted.

RIVERA, J.P., RITTER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court