| Thomas J. Gillen, Trustee & Gillen Living Trust v Ronald Johansen, Linda Johansen, Kristen Johansen, Lke Family Ltd. Partnership, Norsk Realty Servs., Inc., Lin-jo Contr., Inc. & Lin Jo Contr., Inc. |
| Motion No: 2007-01947 SC 04-18-2008 |
| Slip Opinion No: 2008 NYSlipOp 72928(U) |
| Decided on May 16, 2008 |
| 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 : 9th and 10th JUDICIAL DISTRICTS
| THOMAS J. GILLEN, TRUSTEE and THE GILLEN LIVING TRUST, Appellants, -against- RONALD JOHANSEN, LINDA JOHANSEN, KRISTEN JOHANSEN, LKE FAMILY LIMITED PARTNERSHIP, NORSK REALTY SERVICES, INC., LIN-JO CONTRACTING, INC. and LIN JO CONTRACTING, INC., Respondents. |
DECISION
Those branches of the motion by respondents which seek the dismissal of the appeal, fees, costs and sanctions denied.
Those branches of the motion which seek to strike the appellants' brief and appendix denied.
That branch of the motion by respondents which seeks an enlargement of time in which to submit a respondents' brief is granted, and respondents shall file said brief and cause it to be served within 21 days of the date of the order hereon.
Appellants, if they be so advised, may file a reply brief and cause it to be served within 14 days of the date that the respondents' brief is due to be filed pursuant to this order.
We note that this court will not consider any matter that is dehors the record.