| Ort v Ort |
| Motion No: 2009-02992 |
| Slip Opinion No: 2010 NY Slip Op 71803(U) |
| Decided on May 18, 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
M103000
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2009-02992 Amelia Manya Emily Ort, respondent, v Phillip Ort, et al., defendants, Jeffrey Martin, appellant. (Index No. 45230/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated January 14, 2009, to include certain documents. Cross motion by the appellant to strike the respondent's brief on the ground that it refers to matter dehors the record. Application by the appellants 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 cross motion, and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted, the respondent's brief is stricken, and on or before June 17, 2010, the respondent shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,
ORDERED that the application is denied as premature.
DILLON, J.P., BALKIN, BELEN and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court