| Parry v Murphy, also known as McNitt |
| Motion No: 2009-04840 |
| Slip Opinion No: 2010 NY Slip Op 77444(U) |
| Decided on July 21, 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
M105922
E/ct
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
|
2009-04840 Richard Parry, et al., respondents, v Barbara McNitt Murphy, also known as Barbara McNitt, et al., appellants. (Index No. 09-4840)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike a stated portion of the appellants' brief on an appeal from a judgment of the Supreme Court, Orange County, dated April 8, 2009, on the ground that it refers to matter dehors the record and for an award of costs. 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 papers filed in opposition thereto, and upon the application, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted and the appellants' time to serve and file a reply brief is enlarged until August 4, 2010, and the reply brief must be served and filed on or before that date.
SKELOS, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court