Nissan Motor Acceptance Corporation v Scialpi
Motion No: 2010-03864
Slip Opinion No: 2010 NY Slip Op 90510(U)
Decided on December 13, 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

M112455

J/sl

JOSEPH COVELLO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2010-03864, 2010-03865

Nissan Motor Acceptance Corporation, respondent,

v Thomas Scialpi, et al., appellants.

(Index No. 102438/09)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from an order of the Supreme Court, Richmond County, dated March 12, 2010, and a judgment of the same court entered March 25, 2010, to strike stated portions of the joint record and the appellants' joint brief on the ground that they contain or refer to matter dehors the record, or in the alternative, 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 stated portions of the joint record and the appellants' joint brief is denied; 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 academic as the respondent's brief was timely filed with the Clerk of this Court.

COVELLO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court