| Matter of Civil Service Employees Association v Freeport Ho |
| Motion No: 2012-01571 |
| Slip Opinion No: 2013 NY Slip Op 60264(U) |
| Decided on January 4, 2013 |
| 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
M148995
E/sl
DANIEL D. ANGIOLILLO, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
|
2012-01571 In the Matter of Civil Service Employees Association, etc., respondent, v Freeport Housing Authority, appellant. (Index No. 13107/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellant's brief on an appeal from an order of the Supreme Court, Nassau County, dated December 9, 2011, and to strike the record on appeal. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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 pages 87.1 through 87.6 of the record on appeal and the reference to that material on page 15 of the appellant's brief is granted, and on or before January 18, 2013, the appellant shall remove those pages from the copies of the record filed with the Clerk of the Court as well as the reference to that material from the copies of the brief 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 application is granted and the respondent's time to serve and file a brief is enlarged until February 4, 2013, and the respondent's brief must be served and filed on or before that date.
ANGIOLILLO, J.P., LEVENTHAL, LOTT and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court