Reed v Grossi
Motion No: 2007-08958
Slip Opinion No: 2008 NYSlipOp 87404(U)
Decided on October 27, 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

M77672

E/cb

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

STEVEN W. FISHER

MARK C. DILLON, JJ.

2007-08958

Donald Reed, appellant, v Eugene Grossi,

etc., et al., respondents.

(Index No. 5612/03)

DECISION & ORDER ON MOTION

Motion by the respondents to strike the record and appellant's brief on an appeal from an order of the Supreme Court, Kings County, dated August 17, 2007, on the ground that they contain or 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 denied; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until November 26, 2008, and the respondents' brief must be served and filed on or before that date.

PRUDENTI, P.J., MASTRO, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court