| Seven Springs, LLC v Nature Conservancy |
| Motion No: 2011-05761 |
| Slip Opinion No: 2011 NY Slip Op 91460(U) |
| Decided on December 5, 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
M129660
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2011-05761, 2011-07385 Seven Springs, LLC, respondent, v Nature Conservancy, appellant, et al., defendants. (Index No. 06-9130)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to strike the appellant's brief on an appeal from an order of the Supreme Court, Westchester County, dated May 27, 2011, on the ground that it improperly contains a sketch and references thereto. 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 application, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the appellant's brief is granted, the appellant's brief is stricken, and on or before December 15, 2011, the appellant shall serve and file a replacement brief that does not contain the sketch or any references thereto; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is denied as premature.
SKELOS, J.P., LEVENTHAL, BELEN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court