| Stessa Corp. v 97-02 Roosevelt Avenue, LLC |
| Motion No: 2011-06376 |
| Slip Opinion No: 2012 NY Slip Op 64277(U) |
| Decided on February 15, 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
M133309
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
SANDRA L. SGROI, JJ.
|
2011-06376 Stessa Corp., et al., respondents, v 97-02 Roosevelt Avenue, LLC, et al., appellants. (Index No. 7658/11)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike stated portions of the appellants' brief on an appeal from an order of the Supreme Court, Queens County, dated June 13, 2011, on the ground that they refer to matter dehors the record. Application by the appellants 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 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,
ORDERED that the application is granted to the extent that the reply brief shall be served and filed on or before March 2, 2012, and the application is otherwise denied.
SKELOS, J.P., DICKERSON, ENG and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court