| Sunrise Harbor Realty, LLC v 35th Sunrise Corp. |
| Motion No: 2010-00237 |
| Slip Opinion No: 2011 NY Slip Op 65974(U) |
| Decided on March 4, 2011 |
| 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
M116509
E/sl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
ROBERT J. MILLER, 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 the plaintiff-respondent on appeals from an order of the Supreme Court, Suffolk County, dated August 26, 2009, and a judgment of the same court entered November 5, 2009, to extend the time to comply with a decision and order on motion of this Court dated December 8, 2010, which directed it to remove stricken material from the copies of the plaintiff-respondent's appendix filed with the Clerk of the Court or to serve and file a replacement appendix that did not contain the stricken material.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, the plaintiff-respondent's time to comply with the decision and order on motion of this Court dated December 8, 2010, is extended until March 11, 2011, and on or before March 11, 2011, the plaintiff-respondent shall either remove pages RA.1 through RA.20 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 that stricken material.
ANGIOLILLO, J.P., FLORIO, BELEN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court