| DiBuono v Abbey, LLC |
| Motion No: 2009-02746 |
| Slip Opinion No: 2009 NY Slip Op 79870(U) |
| Decided on August 5, 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
M90411
E/sl
STEVEN W. FISHER, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
ARIEL E. BELEN, JJ.
|
2009-02746 James DiBuono, et al., respondents, v Abbey, LLC, et al., defendants, Edith Shulman, appellant. (Index No. 08-15975)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered March 10, 2009, to strike stated portions of the respondents' brief on the ground that they refer to matter dehors the record and to enlarge the time to serve and file a reply 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 stated portions of the respondents' brief is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until August 17, 2009, and the reply brief must be served and filed on or before that date.
FISHER, J.P., DICKERSON, ENG and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court