| Galanti v Kraus |
| Motion No: 2010-09733 |
| Slip Opinion No: 2011 NY Slip Op 66719(U) |
| Decided on March 11, 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
M116612
E/sl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
ROBERT J. MILLER, JJ.
|
2010-09733
Robin Galanti, respondent, v Steven Kraus, appellant. (Index No. 246/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Putnam County, dated September 24, 2010, inter alia, to strike stated portions of the respondent's brief on the ground that they refer to matter dehors the record, in effect, to direct the respondent to serve two additional copies of her brief, and to enlarge the time to serve and file a reply 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 respondent's brief is granted, and the material beginning with the words "Makena had" on the tenth line on page 4 and ending with the word "myself" on the seventh line on page 7, and the material on the last five lines on page 8 beginning with the words "Although the recording" and ending with the words " tell the truth.'" are stricken; and it is further,
ORDERED that on or before March 22, 2011, the respondent shall remove the stricken material from the copies of the briefs filed with the Clerk of the Court (see 22 NYCRR 670.8[b]); and it is further,
ORDERED that the branch of the motion which is, in effect, to direct the respondent to serve two additional copies of her brief is granted to the extent that the respondent shall serve one copy of the corrected respondent's brief (see CPLR 5530[c]; 22 NYCRR 670.8[b]), and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until April 5, 2011, and the reply brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
ANGIOLILLO, J.P., FLORIO, BELEN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court