| Engel v Boymelgreen |
| Motion No: 2010-04929 |
| Slip Opinion No: 2010 NY Slip Op 86524(U) |
| Decided on October 28, 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
M110357
E/sl
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
RANDALL T. ENG
L. PRISCILLA HALL, JJ.
|
2010-04929, 2010-04930 Jacob Engel, respondent, v Yishayahu Boymelgreen, also known as Shaya Boymelgreen, appellant. (Index No. 32765/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the record or stated portions of the record on appeals from an amended order of the Supreme Court, Kings County, dated May 13, 2010, and a judgment of the same court also dated May 13, 2010, 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 branch of the motion which is to strike the record or stated portions of the record is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is denied as unnecessary as the respondent's brief was timely filed.
MASTRO, J.P., BALKIN, ENG and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court