| Aughenbaugh v Napper Tandy's of Northport d/b/a N |
| Motion No: 2009-09579 |
| Slip Opinion No: 2010 NY Slip Op 74408(U) |
| Decided on June 15, 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
M104316
E/ct
MARK C. DILLON, J.P.
HOWARD MILLER
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2009-09579 Lani J. Aughenbaugh, et al., appellants, v Napper Tandy's of Northport, doing business as Napper Tandy's, defendant- respondent, Parkstown, Inc., etc., defendant third-party plaintiff-respondent; Matthew Borowski, et al., third-party defendants- respondents. (Index No. 11876/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent Parkstown, Inc., on an appeal from an order of the Supreme Court, Suffolk County, dated September 17, 2009, to strike the record on appeal and appellant's brief on the ground that they contain or refer to matter dehors the record, and to enlarge the respondents' time to serve and file their briefs.
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 on appeal and appellants' brief is granted to the extent that pages 354 through 392 and the reference to Exhibit I on page ii of the Table of Contents on are stricken from the record on appeal; and it is further,
ORDERED that on or before June 30, 2010, the appellants shall either remove pages 354 through 392 and the reference to Exhibit I on page ii of the Table of Contents from the copies of the record on appeal filed with the Clerk of the Court and insert as pages 402, 402a, and 402b a misdemeanor information dated August 12, 2005, which had been annexed as Exhibit A to an affirmation of William D. Wexler in opposition to the underlying motion, or serve and file a replacement record that does not contain the stricken material and does contain the misdemeanor information dated August 12, 2005; and it is further,
ORDERED that the branch of the motion which is to strike the record on appeal and appellants' brief is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file their briefs is granted, the respondents' time to serve and file their briefs is enlarged until July 30, 2010, and the respondents' briefs, if any, must be served and filed on or before that date.
DILLON, J.P., MILLER, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court