| Francis v Leon D. Dematteis Associates, LLC |
| Motion No: 2011-00169 |
| Slip Opinion No: 2012 NY Slip Op 67800(U) |
| Decided on March 20, 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
M133532
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
CHERYL E. CHAMBERS
JEFFREY A. COHEN, JJ.
|
2011-00169, 2011-00171 Carol Ann Francis, appellant, v Leon D. Dematteis Associates, LLC, et al., respondents. (Index No. 1442/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent Hazardous Elimination Corp., inter alia, to dismiss appeals from two judgments of the Supreme Court, Kings County, dated November 29, 2010, and December 3, 2010, respectively, on the ground that the appellant's appendix contains matter dehors the record, or, in the alternative, to enlarge the time to serve and file a brief. Cross motion by the appellant, inter alia, to strike the appendix filed by the respondents Leon D. Dematteis Associates, LLC, Ry Management Co., Inc., and LIRA Apartments Co., LP, on the ground that it contains 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 cross 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 branch of the motion which is to dismiss the appeals on the ground that the appellant's appendix contains matter dehors the record is denied on condition that on or before April 3, 2012, the appellant removes pages 279 through 283 and 287 from the copies of the appellant's appendix filed with the Clerk of the Court; and it is further,
ORDERED that the branch of the motion which is to enlarge the time of the respondent Hazardous Elimination Corp. to serve and file a brief is granted, the time of the respondent Hazardous Elimination Corp. to serve and file a brief is enlarged until April 19, 2012, and the brief of that respondent must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied; and it is further,
ORDERED that the application is granted and the time to serve and file the reply brief is enlarged until May 4, 2012.
RIVERA, J.P., FLORIO, CHAMBERS and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court