| Gennaro v Cord Meyer Development Company & LLC |
| Motion No: 2007-10790 |
| Slip Opinion No: 2008 NYSlipOp 78442(U) |
| Decided on July 23, 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
M73598
E/sl
PETER B. SKELOS, J.P.
JOSEPH COVELLO
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2007-10790 William C. Gennaro, appellant, v Cord Meyer Development Company & LLC, respondent. (Index No. 25534/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike stated portions of the appellant's appendix on an appeal from an order of the Supreme Court, Queens County, dated October 26, 2007, on the ground that they contain matter dehors the record, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that pages 374.1, 375.1, 376.1, 377.1, 380.1, and 381.1 are stricken from the appellant's appendix and on or before August 13, 2008, the appellant shall either delete or remove those pages from the copies of the appellant's appendix filed with the Clerk of the court or serve and file a replacement appendix that does not contain the stricken material; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until September 12, 2008, and the respondent's brief must be served and filed on or before that date.
SKELOS, J.P., COVELLO, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court