| Scicchitano v Gerstein |
| Motion No: 2009-09193 |
| Slip Opinion No: 2010 NY Slip Op 88959(U) |
| Decided on November 26, 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
M111583
E/sl
JOSEPH COVELLO, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
ARIEL E. BELEN, JJ.
|
2009-09193 Carol Ann Scicchitano, etc., appellant, v Edgar Gerstein, respondent. (Index No. 7314/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Nassau County, entered August 24, 2009, to strike pages 57 through 313 of the appellant's appendix and pages 4 through 22 of the appellant's brief on the ground that they contain or refer to matter dehors the record, and to direct the appellant to serve and file a supplemental appendix containing the trial exhibits. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to strike pages 57 through 313 of the appellant's appendix and pages 4 through 22 of the appellant's brief is granted; and it is further,
ORDERED that on or before December 13, 2010, the appellant shall remove the stricken material from the copies of the appellant's appendix and the appellant's brief filed with the Clerk of the Court or serve and file a replacement appendix and a replacement brief that does not contain the stricken material; and it is further,
ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental appendix containing the trial exhibits is denied without prejudice to the respondent's serving and filing an appendix (see CPLR 5528[b]); and it is further,
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 12, 2011, and the respondent's brief must be served and filed on or before that date.
COVELLO, J.P., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court