| Leviton v Unger |
| Motion No: 2007-11016 |
| Slip Opinion No: 2008 NYSlipOp 74991(U) |
| Decided on June 16, 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
M71891
E/sl
FRED T. SANTUCCI, J.P.
DANIEL D. ANGIOLILLO
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2007-11016 Theodore Leviton, respondent, v Scott Unger, et al., appellants. (Index No. 7129/07)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, dated October 17, 2007, to strike stated portions of the respondent's brief on the ground that they refer 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 motion is granted, the last paragraph on page 6 and the paragraph consisting of the last two lines on page 9 and the first two lines on page 10 of the respondent's brief are stricken, and on or before June 30, 2008, the respondent shall delete or remove that material from the copies of his brief filed with the Clerk of the court; and it is further,
ORDERED that the appellants' time to serve and file a reply brief is enlarged until July 10, 2008, and the reply brief, if any, must be served and filed on or before that date.
SANTUCCI, J.P., ANGIOLILLO, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court