| Wargo v Jean |
| Motion No: 2009-06932 |
| Slip Opinion No: 2010 NY Slip Op 74980(U) |
| Decided on June 22, 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
M104623
E/sl
WILLIAM F. MASTRO, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2009-06932, 2010-01452 Hendra Wargo, appellant, v Paul Henri Jean, et al., defendants, Wilmington Finance, etc., respondent. (Action No. 1)
Wilmington Finance, etc., respondent, v Paul Jean, defendant, Hendra Wargo, appellant. (Action No. 2) (Index Nos. 06-4192, 06-8697)
| DECISION & ORDER ON MOTION |
Motion by the respondent in Action No. 2 to strike the appellant's appendix and the appellant's brief on appeals from two orders of the Supreme Court, Orange County, dated January 2, 2008 (Appellate Division Docket No. 2010-01452), and June 3, 2009 (Appellate Division Docket No. 2009-06932), respectively, on the grounds, inter alia, that the appendix is incomplete and the brief does not contain page references to the appendix, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to strike the appellant's appendix is denied on condition that on or before July 14, 2010, the appellant serve and file a supplemental appendix containing her answer in Action No. 2; and it is further,
ORDERED that the branch of the motion which is to strike the appellant's brief is granted, the appellant's brief is stricken, and on or before July 14, 2010, the appellant shall serve and file a replacement brief that contains page references to the appendix; 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 is granted and the movant's time to serve and file a brief is enlarged until August 13, 2010, and the movant's brief must be served and filed on or before that date; and it is further,
ORDERED that on or before August 13, 2010, the respondent in Action No. 1 shall either notify the court that it is adopting the brief that it previously filed or serve and file a replacement brief.
MASTRO, J.P., FLORIO, BELEN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court