| Teplin v Bonwit Inn |
| Motion No: 2008-05306 |
| Slip Opinion No: 2009 NYSlipOp 63167(U) |
| Decided on February 9, 2009 |
| 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
M82259
E/nl
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON, JJ.
|
2008-05306
Carol Teplin, et al., appellants, v Bonwit Inn, et al., respondents (and a third-party action). (Index No. 16765-06)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the record and appellants' brief on an appeal from an order of the Supreme Court, Suffolk County, dated April 1, 2008, on the grounds that they contain or refer to matter dehors the record and were not properly served, 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 branch of the motion which is to strike pages R-232 through R-234 of the record is granted, and on or before February 17, 2009, the appellant shall delete or remove those pages from the copies of the record on appeal filed with the Clerk of the court; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, and the respondents' time to serve and file a brief is enlarged until March 19, 2009, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
FISHER, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court