Curry v Gale Associates
Motion No: 2007-05445
Slip Opinion No: 2008 NYSlipOp 74094(U)
Decided on June 9, 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

M71560

E/sl

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2007-05445, 2008-02584

Thomas Curry, Jr., plaintiff-respondent,

v Gale Associates, et al., defendants-respondents,

Paramount Production Support, Inc., appellant.

(Index No. 22194/04)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent to strike paragraph number 4 on page SA-19 and pages SA-20 through SA-23 of the supplemental appendix on appeals from an order of the Supreme Court, Queens County, dated April 24, 2007, and a judgment of the same court entered March 5, 2008.

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

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that on the court's own motion, the time of the plaintiff-respondent and the defendants-respondents to serve and file their briefs is enlarged until July 9, 2008, and the briefs of the plaintiff-respondent and the defendants-respondents, if any, must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

RIVERA, J.P., FISHER, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court