| Arboleda v Novartis Pharmaceuticals Corporation |
| Motion No: 2009-03696 |
| Slip Opinion No: 2009 NY Slip Op 86115(U) |
| Decided on October 19, 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
M93234
E/sl
REINALDO E. RIVERA, J.P.
STEVEN W. FISHER
JOSEPH COVELLO
LEONARD B. AUSTIN, JJ.
|
2009-03696 Luis Arboleda, plaintiff-respondent, v Novartis Pharmaceuticals Corporation, defendant-respondent, Raymond Corporation, et al., appellants (and a third-party action). (Index No. 06-3558)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Rockland County, entered March 18, 2009, in effect, to strike the plaintiff-respondent's brief on the ground that it refers to matter dehors the record and to enlarge the time to serve and file a reply brief. Cross motion by the plaintiff-respondent to enlarge the record.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the plaintiff-respondent's brief is stricken, and on or before November 18, 2009, the plaintiff-respondent shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,
ORDERED that the appellants' time to serve and file a reply brief is enlarged until December 3, 2009, and the reply brief must be served and filed on or before that date; and it is further,
ORDERED that the cross motion is denied.
RIVERA, J.P., FISHER, COVELLO and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court