| Tendler v Bais Knesses of New Hempstead, Inc. |
| Motion No: 2012-08795 |
| Slip Opinion No: 2013 NY Slip Op 63329(U) |
| Decided on February 1, 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
M150727
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
|
2012-08795 Mordechai Tendler, appellant, v Bais Knesses of New Hempstead, Inc., etc., respondent. (Index No. 06-2284)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike stated portions of the appellant's brief on an appeal from an order of the Supreme Court, Rockland County, entered September 12, 2012, on the ground, inter alia, that they are raised for the first time on appeal, to enlarge the record to include an order of the same court dated November 9, 2010, 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 enlarge the record is granted and on or before April 2, 2013, the respondent shall serve and file a supplemental record containing the order dated November 9, 2010; 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 respondent's time to serve and file a brief is enlarged until April 2, 2013, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to strike portions of the appellant's brief is denied, without prejudice to raising the arguments in the respondent's brief.
DILLON, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court