| Ali v Chaudhry |
| Motion No: 2011-00928 |
| Slip Opinion No: 2011 NY Slip Op 83172(U) |
| Decided on September 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
M125196
E/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2011-00928 Pir Wajid Ali, appellant, v Shafquat Chaudhry, respondent. (Index No. 3948/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated November 15, 2010, on the ground that the record on appeal is inadequate and contains matter dehors the record. 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 papers filed in opposition thereto, and upon the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied on condition that on or before October 4, 2011, the appellant shall serve and file a replacement record and replacement brief that does not contain or refer to matter dehors the record and complies with the CPLR and Rules of this Court (see CPLR 5526, 5528, 5531; 22 NYCRR 670.10.1, 670.10.2, 670.10.3); and it is further,
ORDERED that the application is denied as academic.
DILLON, J.P., FLORIO, LOTT and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court