Beverly Shields as Delaware County Treasurer v Richard M Carbone et

Motion No: #512901

Slip Opinion No: 2012 NY Slip Op 61063(U)

Decided on January 11, 2012

Appellate Division, Third 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.

Decided and Entered: January 11, 2012

Case #512901

BEVERLY SHIELDS, as Delaware County Treasurer, Appellant, v RICHARD M CARBONE, Respondent, et al., Defendants.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal, to strike portions of record, for sanctions, costs, disbursements and counsel fees.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to strike is granted, without costs, only to the extent that pages 44-230 of the record on appeal and all references thereto in the appellate brief are hereby stricken. Appellant shall file and serve a brief and corrected record on appeal excluding pages 44-230 on or before February 1, 2012, and it is further

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve a corrected record on appeal and brief on or before February 1, 2012, in which event the motion to dismiss is denied, and it is further

ORDERED that the motion for sanctions, costs, disbursements and counsel fees is denied, without costs.
MERCURE, Acting P.J., LAHTINEN, MALONE JR., KAVANAGH and STEIN, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court