| Pauling-Jones v Head Start of Rockland, Inc. |
| Motion No: 2010-11536 |
| Slip Opinion No: 2011 NY Slip Op 81007(U) |
| Decided on August 15, 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
M124491
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2010-11536 Mary Jane Pauling-Jones, respondent, v Head Start of Rockland, Inc., et al., appellants, et al., defendants. (Index No. 08-12707)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike pages 376 through 396 of the record on an appeal from a judgment of the Supreme Court, Rockland County, dated November 18, 2010, and, in effect, to strike certain material in the appellants' brief on the ground that it refers to matter dehors the record. Cross motion by the appellants, in effect, to insert certain material as page 377a of the record on appeal. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that pages 376 through 396 of the record on appeal are stricken, and on or before August 30, 2011, the appellants shall either remove that material from the copies of the record filed with the Clerk of the Court or serve and file a replacement record that does not contain the stricken material; and it is further,
ORDERED that points 13 and 15 of the CPLR 5531 statement, the first sentence of the first full paragraph on page 10, the first paragraph on page 12, and Point IV and references to that point in the table of contents and the questions involved of the appellants' brief are stricken, and on or before August 30, 2011, the appellants shall either remove that material from the copies of the appellants' brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain the stricken material or refer to the material stricken from the record; and it is further,
ORDERED that the cross motion is denied; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until September 29, 2011, and the respondent's brief must be served and filed on or before that date.
DILLON, J.P., BALKIN, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court