| WPA Acquisition Corp. v Lynch |
| Motion No: 2009-09077 |
| Slip Opinion No: 2010 NY Slip Op 73767(U) |
| Decided on June 9, 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
M104028
E/sl
PETER B. SKELOS, J.P.
FRED T. SANTUCCI
THOMAS A. DICKERSON
JOHN M. LEVENTHAL, JJ.
|
2009-09077 WPA Acquisition Corp., appellant, v James P. Lynch, et al., defendants, Howard C. Sumner, Jr., et al., respondents. (Index No. 07-10817)
| DECISION & ORDER ON MOTION |
Motion by the respondents Pietro Colangelo, Teresa Colangelo, Darren H. Marshall, Miriam E. Marshall, Andrew Freilich, and Heather Freilich to strike pages 409 through 546 of the record on an appeal from an order of the Supreme Court, Orange County, dated August 14, 2009, and to enlarge their time to serve and file a brief. Application by the respondents Pietro Colangelo, Teresa Colangelo, Darren H. Marshall, Miriam E. Marshall, Andrew Freilich, and Heather Freilich pursuant to 22 NYCRR 670.8(d)(2) 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 pages 409 through 546 of the record on appeal is granted and Volume II of the record on appeal, which consists of those pages, is stricken; and it is further,
ORDERED that the appellant's brief is stricken and on or before July 9, 2010, the appellant shall serve and file a replacement brief that does not refer to the stricken material; and it is further,
ORDERED that the branch of the motion which is to enlarge the movant's time to serve and file a brief and the application for that relief are denied as premature.
SKELOS, J.P., SANTUCCI, DICKERSON and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court