| Rizzuti v Laucella |
| Motion No: 2007-08416 |
| Slip Opinion No: 2008 NYSlipOp 71949(U) |
| Decided on May 14, 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. |
Appellate Division: Second Judicial Department
M70416
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2007-08416 Angela Rizzuti, et al., appellants, v Michael Laucella, et al., respondents. (Index No. 3559/06)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Nassau County, dated July 16, 2007, inter alia, to strike the appellants' appendix as inadequate and 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' appendix and brief is granted and the appellants' appendix and brief are stricken; and it is further,
ORDERED that on or before June 12, 2008, the appellants shall serve and file a replacement appendix and brief which complies with the CPLR and the rules of the court (see CPLR 5528; 22 NYCRR 670.10.1, 670.10.2); and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., SPOLZINO, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court