| Yeshiva Chasdei Torah v Dell Equity, LLC |
| Motion No: 2010-08282 |
| Slip Opinion No: 2011 NY Slip Op 76170(U) |
| Decided on June 21, 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
M121927
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2010-08282 Yeshiva Chasdei Torah, et al., appellants, v Dell Equity, LLC, et al., respondents, et al., defendants. (Index No. 11423/09)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated May 11, 2010, inter alia, to strike stated portions of the record on appeal and the appellants' brief on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a 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 record on appeal and the appellants' brief is granted, pages 81 through 106 of the record on appeal and the following material in the appellants' brief are stricken:
(1) sentence beginning at the end of page 8 with the words "On or about" and ending on page 9 with the words "Motion to Dismiss. R.81";
(2) second full paragraph on page 13, which begins with the words "Moreover, Rabbi Label Katz";
(3) third sentence in the last paragraph on page 13 which begins with the words "The appellants provided" and ends with the words "with respect to the Congregation. R.91, R.93, R.95."; and
(4) second full paragraph on page 15; and it is further,
ORDERED that on or before July 14, 2011, the appellants shall remove the stricken material from the copies of the record and briefs filed with the Clerk of the Court or serve and file replacements that do not contain the stricken material; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until August 15, 2011, and the respondents' brief shall be served and filed on or before that day; and it is further,
ORDERED that the motion is otherwise denied.
ANGIOLILLO, J.P., DICKERSON, HALL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court