Donald Dale Sevey v Betty D. Friedlander et

Motion No: 509959

Slip Opinion No: 2010 NY Slip Op 81428(U)

Decided on September 2, 2010

Appellate Division, Third 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.

Decided and Entered: September 2, 2010

Case # 509959

DONALD DALE SEVEY, Appellant, v BETTY D. FRIEDLANDER et al., Respondents.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal or to strike record on appeal and brief of appellant.

Cross motion for extension of time to perfect appeal.

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 motion to dismiss the appeal is denied, without costs, and it is further

ORDERED that the motion to strike the record on appeal and brief is granted, without costs, to the extent that the following pages of the record on appeal, and all references thereto in the brief, are stricken: pages 615-759, 760-782 and 783-799. Appellant shall file and serve a corrected record on appeal and brief on or before October 1, 2010 and the appeal is removed from the October 2010 term of this Court. It is noted that if appellant includes in the corrected record on appeal the transcript of the oral argument conducted on May 5, 2009, the entire transcript should be filed. It is not required that the transcript be stipulated to or settled as no sworn testimony was taken. It is further

ORDERED that the cross motion for an extension of time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to October 1, 2010.
CARDONA, P.J., ROSE, LAHTINEN, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court