| Cathy R. Lee v Victor M. Guzman |
| Motion No: 2010-01112 kc |
| Slip Opinion No: 2011 NY Slip Op 77522(U) |
| Decided on June 27, 2011 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Cathy R. Lee, Appellant, v Victor M. Guzman, Respondent. |
On the court's own motion, it is
ORDERED that the decision and order on motion dated June 24, 2011 in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor;
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 16, 2009, for an enlargement of time to serve and file a reply brief. Cross motion by respondent to strike from the reply brief material that is outside of the record on 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 motion by appellant is granted and the reply brief is deemed timely served and filed; and it is further,
ORDERED that the cross motion by respondent is denied, as this court will not consider any improper material.
ENTER:
Paul Kenny
Chief Clerk