| Northport Land Corp. v Zurich North America Insurance |
| Motion No: 2011-02488 |
| Slip Opinion No: 2012 NY Slip Op 62542(U) |
| Decided on January 27, 2012 |
| 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
M131853
E/ct
ANITA R. FLORIO, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2011-02488 Northport Land Corp., appellant, v Zurich North America Insurance, respondent. (Index no. 14123/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent, in effect, to strike the appellant's brief on an appeal from an order of the Supreme Court, Suffolk County, dated January 4, 2011, on the ground that it refers to matter dehors the record. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply 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 is granted, the appellant's brief is stricken, and on or before February 27, 2012, the appellant shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,
ORDERED that the respondent's brief is stricken, and the respondent shall serve and file a replacement brief on or before March 28, 2012; and it is further,
ORDERED that the application is denied as pemature.
FLORIO, J.P., CHAMBERS, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court