| Perez-Faringer v Heilman |
| Motion No: 2009-07900 |
| Slip Opinion No: 2010 NY Slip Op 76300(U) |
| Decided on July 6, 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
M105173
E/sl
HOWARD MILLER, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2009-07900, 2009-07903 Gunilla Perez-Faringer, et al., appellants, v Julia Heilman, etc., et al., respondents. (Index No. 08-21233)
| DECISION & ORDER ON MOTION |
Motion by the respondent Sue Freedman on appeals from two orders of the Supreme Court, Westchester County, both dated July 14, 2009, to strike the record on appeal and the appellants' brief on the ground that they contain or refer to matter dehors the record, to direct the appellants' to file a replacement record, and to enlarge the time to serve and file a brief. Cross motion by the appellant Gunilla Perez-Faringer, in effect, to enlarge the record in the event the record on appeal contains matter dehors the record.
Upon the papers filed in support of the motion and the cross 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 is granted to the extent that page 9 of the record on appeal is stricken, on or before July 16, 2010, the appellants are directed to remove that page from the copies of the record on appeal filed with the Clerk of the court, and on or before July 16, 2010, the appellants are directed to insert the affidavit of service of the demand for a complaint dated February 9, 2009, as page 11A in the copies of the record on appeal filed with the Clerk of the court; and it is further,
ORDERED that the branch of the motion which is to strike the appellants' brief on the ground that it refers to matter dehors the record is denied without prejudice to raising those claims in the movant's brief; and it is further,
ORDERED that the branch of the motion which is to enlarge Sue Freedman's time to serve and file a brief is granted, Sue Freedman's time to serve and file a brief is enlarged until August 16, 2010, and Sue Freedman's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied.
MILLER, J.P., HALL, AUSTIN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court