| Dokaj v Ruxton Tower Limited Partnership |
| Motion No: 2010-10287 |
| Slip Opinion No: 2011 NY Slip Op 82676(U) |
| Decided on September 2, 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
M125194
E/sl
DANIEL D. ANGIOLILLO, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
JEFFREY A. COHEN, JJ.
|
2010-10287 Don Dokaj, et al., appellants, v Ruxton Tower Limited Partnership, et al., respondents, et al., defendants. (Index No. 3298/94)
| DECISION & ORDER ON MOTION |
Separate motions by the respondents Ruxton Tower Limited Partnership, Jeffrey B. Lewis, and Eric Rosenfeld, and by the respondent Armor Kone Elevator Co., Inc., inter alia, in effect, to direct the appellants to serve and file a supplemental record on an appeal from an order of the Supreme Court, Queens County, dated September 21, 2010, to strike the appellants' brief on the ground that it refers to matter dehors the record, and to enlarge the respondents' time to serve and file their briefs. Application by the respondent Armor Kone Elevator Co., Inc., 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 motions and the papers filed in opposition and in relation 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 branches of the motion which are to strike the appellants' brief are granted and on or before September 22, 2011, the appellants shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,
ORDERED that the branches of the motion which are, in effect, to direct the appellants to serve and file a supplemental record are granted and on or before September 22, 2011, the appellants shall serve and file a supplemental record containing the papers filed by Armor Kone Elevator Co., Inc., in opposition to the motion that resulted in the order dated September 21, 2010; and it is further,
ORDERED that the branches of the motion which are to enlarge the time to serve and file the respondents' briefs and the application are granted, the time to serve and file the respondents' briefs is enlarged until October 24, 2011, and the respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that the motions are otherwise denied.
ANGIOLILLO, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court