| Dowd v Alliance Mortgage Company |
| Motion No: 2008-10168 |
| Slip Opinion No: 2009 NY Slip Op 84646(U) |
| Decided on September 30, 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
M92546
E/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
CHERYL E. CHAMBERS
SHERI S. ROMAN, JJ.
|
2008-10168 Sandra Dowd, etc., respondent-appellant, v Alliance Mortgage Company, appellant- respondent. (Index No. 29282-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to strike the respondent-appellant's appendix and any references to the respondent-appellant's appendix in the respondent-appellant's answering brief on an appeal from an order of the Supreme Court, Suffolk County, dated September 24, 2008. Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the application, it is
ORDERED that the motion is granted, the respondent-appellant's appendix and any references to the respondent-appellant's appendix in the respondent-appellant's answering brief are stricken, and on or before October 14, 2009, the respondent-appellant shall delete the respondent-appellant's appendix and any references to the respondent-appellant's appendix in the copies of the respondent-appellant's answering brief filed with the Clerk of the court or serve and file a replacement brief that does not contain the stricken material; and it is further
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 14, 2009.
PRUDENTI, P.J., MILLER, CHAMBERS and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court