| Vargas v Crown Container Co., Inc. |
| Motion No: 2012-07418 |
| Slip Opinion No: 2013 NY Slip Op 64405(U) |
| Decided on February 13, 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
M150472
E/ct
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2012-07418 Pedro Vargas, etc., et al., respondents, v Crown Container Co., Inc., et al., appellants, et al., defendant. (Index No. 12520/08)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 20, 2012, on the grounds that the record contains matter dehors the record and that the appellants improperly raise issues for the first time on appeal, or alternatively, to strike stated portions of the appellants' brief and record and to enlarge the time to serve and file a brief. Application by the respondents 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to strike stated portions of the record is granted, and on or before March 6, 2013, the appellant shall remove pages R2422 through R2448 from the copies of the record on appeal filed with the Clerk of the Court; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellants improperly raise issues for the first time on appeal is denied without prejudice to the respondents raising arguments in their brief addressing any improper arguments contained in the appellants' brief; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief and the application for that relief are granted, the respondents' time to serve and file a brief is enlarged until April 5, 2013, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., CHAMBERS, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court