| Ocean View Realty Company v Ziss |
| Motion No: 2010-05763 |
| Slip Opinion No: 2011 NY Slip Op 69462(U) |
| Decided on April 8, 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
M118260
E/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
RUTH C. BALKIN
RANDALL T. ENG, JJ.
|
2010-05763 Ocean View Realty Company, et al., respondents, v Tim Ziss, et al., appellants. (Index No. 22368/09)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike sections D, E, and F of the appellants' brief on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated April 20, 2010, on the ground that they improperly raise issues for the first time on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to raising the contentions in the respondents' brief; and it is further,
ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is enlarged until April 29, 2011, and the respondents' brief must be served and filed on or before that date.
DILLON, J.P., FLORIO, BALKIN and ENG, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court