| Ofman v Katz |
| Motion No: 2009-09170 |
| Slip Opinion No: 2011 NY Slip Op 69729(U) |
| Decided on April 12, 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
M118488
E/sl
PETER B. SKELOS, J.P.
ARIEL E. BELEN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2009-09170 Mendel E. Ofman, appellant, v Stephen A. Katz, respondent. (Index No. 17579/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated April 20, 2009, inter alia, to strike the appellant's brief on the ground that its recitation of facts does not contain page references, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the appellant's brief on the ground that its recitation of facts does not contain page references is granted, and on or before May 11, 2011, the appellant shall serve and file a replacement brief that contains supporting references to pages in the record (see 22 NYCRR 670.10.3[g][2][iv]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file the respondent's brief is denied as unnecessary; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., BELEN, SGROI and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court