| Falk v Gallo |
| Motion No: 2009-07123 |
| Slip Opinion No: 2010 NY Slip Op 60935(U) |
| Decided on January 14, 2010 |
| 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
M97344
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2009-07123 Jeffrey Falk, etc., et al., appellants, v Victor A. Gallo, et al., respondents. (Index No. 19472/06)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to strike the respondents' brief on an appeal from an order of the Supreme Court, Nassau County, dated June 30, 2009, on the ground that it refers 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 enlarge the time to serve and file a reply brief is granted, and the appellants shall serve and file their reply brief on or before February 1, 2010; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
FISHER, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court