| Comice v Justin's Restaurant |
| Motion No: 2010-00435 |
| Slip Opinion No: 2010 NY Slip Op 77566(U) |
| Decided on July 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
M106022
E/ct
MARK C. DILLON, J.P.
ANITA R. FLORIO
HOWARD MILLER
ARIEL E. BELEN, JJ.
|
2010-00435 Castan Comice, appellant, v Justin's Restaurant, et al., respondents, et al., defendants. (Index No. 5364/07)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated September 10, 2009, to strike stated portions of the record on appeal and the appellant's brief on the ground that they contain or refer to matter dehors the record, and 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 motion is granted; and it is further,
ORDERED that pages 12A through 12E of the record on appeal and the second sentence of the first paragraph on page 6 and the first complete sentence on page 11 of the appellant's brief are stricken, and on or before August 23, 2010, the appellant shall remove the stricken material from the copies of the record on appeal and the appellant's brief filed with the Clerk of the court; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until September 22, 2010, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted.
DILLON, J.P., FLORIO, MILLER and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court