Reed v Righton Limo, Inc.
Motion No: 2010-05469
Slip Opinion No: 2010 NY Slip Op 90064(U)
Decided on December 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M112160

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2010-05469

Jahari Reed, respondent, v Righton Limo,

Inc., et al., appellants, et al., defendants.

(Index No. 6902/08)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the record on appeal and the appellants' brief on an appeal from an order of the Supreme Court, Kings County, dated April 16, 2010, on the ground that they contain or refer to matter dehors the record. 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 application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that pages 241 through 243 and 332 through 341 of the record on appeal are stricken, and on or before January 3, 2011, the appellants shall remove the stricken material from the copies of the record filed with the Clerk of the Court or serve and file a replacement record that does not contain the stricken material, and the motion is otherwise denied; and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 2, 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