| Olson v Vecchio |
| Motion No: 2009-11079 |
| Slip Opinion No: 2010 NY Slip Op 79278(U) |
| Decided on August 11, 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
M106874
E/sl
JOSEPH COVELLO, J.P.
DANIEL D. ANGIOLILLO
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2009-11079 Michael A. Olsen, plaintiff-appellant, v Richard Vecchio, etc., et al., defendants third-party plaintiffs-respondents; Kelner and Kelner, third-party defendant-appellant. (Index No. 08-12179)
| DECISION & ORDER ON MOTION |
Motion by the defendants third-party plaintiffs-respondents on an appeal from an order of the Supreme Court, Westchester County, dated October 8, 2009, to strike pages 393 through 414 of the record and pages 31 through 33 of the brief of the plaintiff-appellant and the third-party defendant-appellant on the ground that they contain or refer to matter dehors the record, and for an attorney's fee and an award of costs. Cross motion by the plaintiff-appellant and the third-party defendant-appellant to enlarge the record to include the material on pages 393 through 414 of the record on appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition or in relation thereto, it is
ORDERED that the motion is granted to the extent that pages 393 through 414 of the record on appeal and the matter beginning with the words "Certain documents" in the last paragraph on page 31 and ending with the words "markedly lower prices" in the first paragraph on page 33 of the brief of the plaintiff-appellant and the third-party defendant-appellant are stricken and the motion is otherwise denied; and it is further,
ORDERED that on or before September 1, 2010, the plaintiff-appellant and the third-party defendant-appellant shall delete the stricken material from the copies of the record and brief filed with the Clerk of the court or serve and file replacements that do not contain the stricken material; and it is further,
ORDERED that the time of the defendants third-party plaintiffs-respondents to serve and file a brief is enlarged until October 1, 2010, and the brief of the defendants third-party plaintiffs-respondents must be served and filed on or before that date; and it is further,
ORDERED that the cross motion is denied.
COVELLO, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court