Joseph Nola & Sylvana Nola v Anna N. Shoikhet
Motion No: 2008-01384 QC
Slip Opinion No: 2009 NYSlipOp 62039(U)
Decided on January 21, 2009
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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., GOLIA and RIOS, JJ.

NO. 2008-1384 Q C
JOSEPH NOLA and SYLVANA NOLA,

Appellants,

-against-

ANNA N. SHOIKHET,

Respondent.

DECISION

That branch of the motion by respondent seeking an enlargement of time to submit a respondent's brief is denied as moot.

That branch of the motion seeking to strike the appellants' brief and appendix is denied.

In determining the instant appeal, this court will not consider matters dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989]).