| Herrera v MTA Bus Company |
| Motion No: 2011-10786 |
| Slip Opinion No: 2012 NY Slip Op 73927(U) |
| Decided on May 23, 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
M138150
E/sl
DANIEL D. ANGIOLILLO, J.P.
ARIEL E. BELEN
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2011-10786 Yolanda Herrera, appellant, v MTA Bus Company, respondent. (Index No. 2026/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike stated portions of the appellant's brief and record on an appeal from an order of the Supreme Court, Queens County, dated September 22, 2011, on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that page 5 of the record on appeal and the appellant's brief are stricken, and on or before June 22, 2012, the appellant shall remove page 5 from the copies of the record filed with the Clerk of the Court or serve and file a replacement record that does not contain the material on page 5, and serve and file a replacement brief that does not refer to the material on page 5; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until July 23, 2012, and the respondent's brief must be served and filed on or before that date.
ANGIOLILLO, J.P., BELEN, ROMAN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court