| Matter of County of Orange v Monroe Bakertown Road Realt |
| Motion No: 2010-07991 |
| Slip Opinion No: 2011 NY Slip Op 69481(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
M118264
E/sl
JOSEPH COVELLO, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
L. PRISCILLA HALL, JJ.
|
2010-07991 In the Matter of County of Orange, appellant- respondent, v Monroe Bakertown Road Realty, Inc., respondent, Village of Kiryas Joel, respondent-appellant. (Index No. 05-8785)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal and cross appeal from an order of the Supreme Court, Orange County, dated July 1, 2010, to strike the respondent-appellant's "appendix" and brief on the ground that they contain or refer to matter dehors the record, or to strike Points II and III of the respondent-appellant's brief on the ground that it has no standing to argue the issues raised in those Points and to enlarge the time to serve and file a brief. Cross motion by the respondent-appellant for leave to file a supplemental record and to stay all proceedings in the above-entitled matter, pending hearing and determination of the appeal and cross appeal.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the cross motion is denied; and it is further,
ORDERED that the branch of the motion which is to strike the respondent-appellant's "appendix" is denied as unnecessary as the appendix was rejected and never accepted for filing; and it is further,
ORDERED that the branches of the motion which are to strike the respondent-appellant's brief on the ground that it contains matter dehors the record or to strike Point II and II of that brief are granted to the extent that the respondent-appellant's brief is stricken, and on or before May 9, 2011, the respondent-appellant shall serve and file a replacement brief that omits references to matter dehors the record, and those branches of the motion are otherwise denied without prejudice to raising the issue as to Point II and III in the respondent's brief, if it be so advised; and it is further,
ORDERED that the motion is otherwise denied as academic.
COVELLO, J.P., ANGIOLILLO, DICKERSON and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court