| Galanos, doing business as Paramount Amusement and Ve |
| Motion No: 2010-06058 |
| Slip Opinion No: 2011 NY Slip Op 68328(U) |
| Decided on March 29, 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
M117799
E/sl
PETER B. SKELOS, J.P.
RANDALL T. ENG
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2010-06058 Louis Galanos, doing business as Paramount Amusement and Vending Company, et al., appellants, v Robert Cifone, et al., respondents. (Index No. 10204/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants to strike Point III of the respondents' brief on an appeal from an order of the Supreme Court, Dutchess County, dated May 11, 2010, on the ground that the respondents are improperly seeking affirmative relief on the appeal, 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 motion is granted; and it is further,
ORDERED that on or before April 4, 2011, the respondents' shall remove Point III from the copies of the respondents' brief filed with the Clerk of the Court or serve and file a replacement brief which does not contain the arguments presented in Point III; and it is further,
ORDERED that the appellants' time to serve and file a reply brief is enlarged until April 4, 2011, and the reply brief must be served and filed on or before that date.
SKELOS, J.P., ENG, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court