Lopreiato v Scotti
Motion No: 2011-10124
Slip Opinion No: 2012 NY Slip Op 79697(U)
Decided on July 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M141087

E/nl

ANITA R. FLORIO, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-10124

Nicola Lopreiato, etc., et al., appellants,

v Gavin Scotti, et al., respondents.

(Index No. 07-17456)

DECISION & ORDER ON MOTION

Motion by the respondents to strike stated portions of the appellants' appendix and brief on an appeal from an order of the Supreme Court, Westchester County, dated April 26, 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 application and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted and the respondents' time to serve and file a brief is enlarged until August 24, 2012, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., LEVENTHAL, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court