Myung Sook Cho-Oh v Choi
Motion No: 2011-08736
Slip Opinion No: 2012 NY Slip Op 79702(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

M141075

E/nl

THOMAS A. DICKERSON, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-08736

Myung Sook Cho-Oh, appellant,

v Angie Choi, et al., respondents.

(Index No. 9357/10)

DECISION & ORDER ON MOTION

Motion by the respondents to strike pages 72 and 73 of the record and, in effect, to strike those portions of the appellant's brief that rely on those pages of the record on an appeal from an order of the Supreme Court, Queens County, entered June 23, 2011, on the ground that they contain or refer to matter dehors the record, to enlarge the time to serve and file a brief, and for an award of an attorney's fee and costs. Cross motion by the appellant, in effect, to enlarge the record to include certain material.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to strike pages 72 and 73 of the record is granted and on or before August 8, 2012, the appellant shall remove those pages from the copies of the record filed with the Clerk of the Court; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

DICKERSON, J.P., BELEN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court