| Allen v Mercyfirst |
| Motion No: 2011-11833 |
| Slip Opinion No: 2012 NY Slip Op 85256(U) |
| Decided on September 25, 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
M143952
E/sl
PETER B. SKELOS, J.P.
RANDALL T. ENG
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2011-11833, 2012-04556 Stephen Allen, plaintiff, Sandra Morrison- Allen, appellant, v Mercyfirst, etc., respondent. (Index No. 1496/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated October 19, 2011, on the ground that the record on appeal is inadequate and contains matter dehors the record, or in the alternative, to strike a certain "rebuttal of sur-reply" from the record, direct the appellant to file a supplemental record containing certain documents, and enlarge its time to serve and file a brief. Separate motion by the appellant pro se to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branches of the respondent's motion which are to strike a "rebuttal of sur-reply" to plaintiffs' cross motion" from the record and to direct the appellant to file a supplemental record are granted and on or before October 25, 2012, the appellant shall delete pages 33 through 43 from the copies of the record on appeal filed with the Clerk of the Court and serve and file a supplemental record containing the respondent's motion to dismiss, the respondent's opposition to the appellant's cross motion, and the appellant's reply to the respondent's opposition; and it is further,
ORDERED that the branch of the respondent's motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until November 26, 2012, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent's motion is otherwise denied; and it is further,
ORDERED that the appellant's motion is denied with leave to renew after the appellant deletes pages 33 through 43 from the copies of the record on appeal and serves and files a supplemental record as set forth above.
SKELOS, J.P., ENG, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court