| Iron Ox Center v Jurka |
| Motion No: 2009-07656 |
| Slip Opinion No: 2010 NY Slip Op 71147(U) |
| Decided on May 12, 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
M102675
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2009-07656 Iron Ox Center, respondent, v Edith Jurka, appellant. (Index No. 07-14903)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered July 14, 2009, to strike stated portions of the respondent's brief on the ground that they refer to matter dehors the record, to enlarge the time to serve and file a reply brief and, in effect, for a preference in the calendaring of the appeal.
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 respondent's brief is granted to the extent that the following material is stricken:
(1) the paragraph beginning on page two with the words "The Defendant-Appellant" and ending on page three with the words "these disciplines";
(2) the second sentence of the second complete paragraph on page three, beginning with the words "Due to his outstanding reputation" and ending with the words "Croton-on-Hudson"; and
(3) the sentence beginning on the fourth line of page five with the words "With both Dr. Jurka" and ending with the words "original intentions"; and it is further,
ORDERED that on or before May 18, 2010, the respondent shall remove the stricken material from the copies of the respondent's 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 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 May 28, 2010, and the reply brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted, and the appeal will be calendared after all of the briefs have been filed; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., BALKIN, BELEN and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court