| Sunrise Harbor Realty, LLC v 35th Sunrise Corp. |
| Motion No: 2010-00237 |
| Slip Opinion No: 2010 NY Slip Op 90069(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. |
Appellate Division: Second Judicial Department
M112189
E/sl
JOSEPH COVELLO, J.P.
ANITA R. FLORIO
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2010-00237, 2010-00238 Sunrise Harbor Realty, LLC, plaintiff- respondent, v 35th Sunrise Corp., defendant third-party plaintiff-appellant, et al., defendant, et al., defendant third-party plaintiff; East Bay Realty, LLC, third-party defendant-respondent. (Index No. 23496-01)
| DECISION & ORDER ON MOTION |
Motion by 35th Sunrise Corp. to strike pages RA.1 through RA.20 of the plaintiff-respondent's appendix and any references to those pages on pages 49 through 52 of the plaintiff- respondent's brief on appeals from an order of the Supreme Court, Suffolk County, dated August 26, 2009, and a judgment of the same court entered November 25, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that pages RA.1 through RA.20 of the plaintiff-respondent's appendix are stricken, and on or before January 3, 2011, the plaintiff-respondent shall remove the stricken material from the copies of the plaintiff-respondent's appendix filed with the Clerk of the Court or serve and file a replacement appendix that does not contain the stricken material, and the motion is otherwise denied.
COVELLO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court