| Pauling-Jones v Head Start of Rockland, Inc. |
| Motion No: 2010-11536 |
| Slip Opinion No: 2011 NY Slip Op 89610(U) |
| Decided on November 14, 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
M128758
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 appellants for leave to reargue the respondent's prior motion to strike certain material from the record and the appellants' brief on an appeal from a judgment of the Supreme Court, Rockland County, dated November 18, 2010, and for leave to reargue their prior cross motion, in effect, to insert certain material as page 377a of the record on appeal, which were determined by decision and order on motion of this Court dated August 15, 2011, as amended by a decision and order on motion of this Court dated August 18, 2011. 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 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 for leave to reargue is granted, and upon reargument, (a) the decision and order on motion of this Court dated August 18, 2011, is vacated, and (b) the first, second, third, and fourth decretal paragraphs of the decision and order on motion of this Court dated August 15, 2011, are vacated and the following decretal paragraph is substituted therefor:
"ORDERED that the motion and cross motion are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,"
; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until December 14, 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