| Tyree v Henn |
| Motion No: 2012-02927 |
| Slip Opinion No: 2012 NY Slip Op 88237(U) |
| Decided on October 22, 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
M145339
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
ANITA R. FLORIO
THOMAS A. DICKERSON, JJ.
|
2012-02927, 2012-02933, 2012-05521 Caroline P. Tyree, plaintiff, v Donald E. Henn, Jr., defendant third-party plaintiff- respondent; Samuel J. Raffa, et al., third-party defendants-appellants. (Appeal No. 1) Caroline P. Tyree, plaintiff-appellant, v Donald E. Henn, Jr., defendant third-party plaintiff-respondent; Samuel J. Raffa, et al., third-party defendants-appellants. (Appeals Nos. 2 and 3) (Index No. 27590/09)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party plaintiff-respondent on appeals from a judgment of the Supreme Court, Suffolk County, entered February 9, 2012, and two orders of the same court dated December 2, 2011, and April 12, 2012, respectively, inter alia, to strike stated portions of the joint appendix and the appellants' brief 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 branch of the motion which is to strike stated portions of the joint appendix and the appellants' brief on the ground that they contain or refer to matter dehors the record is granted, pages A267 through A333 of the joint appendix and the appellants' brief are stricken, and on or before November 20, 2012, the appellants shall serve and file a replacement brief that does not refer to the stricken material and either remove pages A267 through A333 from the copies of the joint appendix filed with this Court or serve and file a replacement joint appendix that does not contain the stricken material; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the defendant third-party plaintiff-respondent's time to serve and file a brief is enlarged until December 20, 2012, and the defendant third-party plaintiff-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., SKELOS, FLORIO and DICKERSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court