| Matter of Klein v Persaud |
| Motion No: 2009-04150 |
| Slip Opinion No: 2010 NY Slip Op 78798(U) |
| Decided on August 4, 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
M106681
S/sl
PETER B. SKELOS, J.P.
FRED T. SANTUCCI
THOMAS A. DICKERSON
JOHN M. LEVENTHAL, JJ.
|
2009-04150, 2009-05275 In the Matter of Abraham Klein, respondent, v Christine Persaud, et al., appellants. (Index No. 8007/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, to reargue the respondent's prior motion to strike stated portions of the appellants' brief and appendix on an appeal from an order of the Supreme Court, Kings County, dated May 4, 2009, on the ground that they contain or refer to matter dehors the record, which was determined by decision and order on motion dated June 18, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until August 20, 2010, and the respondent's brief must be served and filed on or before that date.
We note that the order of the Supreme Court, Kings County, dated July 7, 2010, is not brought up for review on the appeal from the order dated May 4, 2009, pursuant to CPLR 5517, as the order dated July 7, 2010, is not appealable as of right (see CPLR 5517(b); 5701).
SKELOS, J.P., SANTUCCI, DICKERSON and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court