| Dune Deck Owners Corp. v J.J.& P. Associates Corp. |
| Motion No: 2009-04193 |
| Slip Opinion No: 2010 NY Slip Op 66079(U) |
| Decided on March 19, 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
M100121
E/sl
JOSEPH COVELLO, J.P.
ANITA R. FLORIO
HOWARD MILLER
RANDALL T. ENG, JJ.
|
2009-04193 Dune Deck Owners Corp., respondent, v J.J. & P. Associates Corp., et al., defendants; J.P. Liggett, nonparty-appellant. (Index No. 14938-03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated April 7, 2009, to strike the record and the nonparty-appellant's brief on the ground that they contain or refer to matter dehors the record 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 the record and the nonparty-appellant's 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 brief is granted, the respondent's time to serve and file a brief is enlarged until April 19, 2010, and the respondent's brief must be served and filed on or before that date.
COVELLO, J.P., FLORIO, MILLER and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court