| Agbh Bel Air Rental, LLC v Hilary Best |
| Motion No: 2009-02028 qc |
| Slip Opinion No: 2012 NY Slip Op 63914(U) |
| Decided on January 31, 2012 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| AGBH Bel Air Rental, LLC, Respondent, v Hilary Best, Appellant, et al., Undertenants. |
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, dated August 7, 2009, to strike the respondent's brief. Separate motion by appellant for an enlargement of time to serve and file papers in reply to respondent's opposition papers.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellant's motions are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion for an enlargement of time to serve and file papers in reply to respondent's opposition papers is granted and the reply papers are deemed timely served and filed; and it is further,
ORDERED that appellant's motion to strike the respondent's brief is denied.
It is noted that absent an exception to the rule (e.g. Bravo v Terstiege, 196 AD2d 473, 476 [1993]), this court will not consider any matter that is dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989]).
ENTER:
Paul Kenny
Chief Clerk