| Matter of Goldstein v Acropolis Gardens Realty Corp. |
| Motion No: 2012-09431 |
| Slip Opinion No: 2013 NY Slip Op 76250(U) |
| Decided on June 7, 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
M157637
E/ct
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2012-09431, 2013-01830 In the Matter of Abbey F. Goldstein, respondent, v Acropolis Gardens Realty Corp., appellant. (Index No. 27353/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike stated portions of the respondent's brief on appeals from two orders of the Supreme Court, Queens County, entered August 23, 2012, and January 3, 2013, respectively, for an award of costs, and, in effect, to enlarge the time to serve and file a reply 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 respondent's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is for an award of costs is denied; and it is further,
ORDERED that the branch of the motion which is, in effect, to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until June 24, 2013, and the reply brief must be served and filed on or before that date.
DILLON, J.P., CHAMBERS, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court