Matter of Rutherford Chemicals, LLC v Assessor of Town of

Matter of Rutherford Chemicals, LLC v Assessor of Town of

Motion No: 2012-07614

Slip Opinion No: 2013 NY Slip Op 68632(U)

Decided on March 27, 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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M153739

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

SYLVIA HINDS-RADIX, JJ.

2012-07614
In the Matter of Rutherford Chemicals, LLC,
petitioner-respondent, v Assessor of Town of
Woodbury, et al., respondents-respondents;
ELT Harriman, LLC, nonparty-appellant.
(Index Nos. 6052/06, 6053/06, 6054/06, 6055/06,
6056/06, 6057/06, 7094/07, 7095/07, 7096/07,
7097/07, 7098/07, 7099/07)

DECISION & ORDER ON MOTION

Motion by the respondents-respondents Assessor of Town of Woodbury and Board of Assessment Review of Town of Woodbury to strike the nonparty-appellant's brief on an appeal from an order of the Supreme Court, Orange County, dated May 17, 2012, on the ground that it refers to matter dehors the record and does not comply with the rules of the Court, and to strike stated portions of the record, inter alia, on the ground that it contains matter dehors the record. Separate applications by the petitioner-respondent, the respondents-respondents Assessor of Town of Woodbury and Board of Assessment Review of Town of Woodbury, and the respondent-respondent Monroe-Woodbury Central School District pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the nonparty-appellant's brief and pages 124 through 165 of the record on appeal are stricken, and on or before April 26, 2013, the nonparty-appellant shall (1) serve and file a replacement brief that does not refer to the stricken material or matter dehors the record, and complies with the rules of this Court (see 22 NYCRR 670.10.1), and (2) either delete pages 124-165 from the copies of the record filed with the Clerk of the Court or serve and file a replacement record that does not contain those pages; and it is further,

ORDERED that the applications are granted and the applicants' time to serve and file their respective briefs is enlarged until May 28, 2013, and the applicants' briefs must be served and filed on or before that date.

SKELOS, J.P., ANGIOLILLO, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court