| YMRK, LLC v Zirkiev |
| Motion No: 2012-10438 |
| Slip Opinion No: 2013 NY Slip Op 81933(U) |
| Decided on August 9, 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
M160419
E/sl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2012-10438 YMRK, LLC, appellant, v Shalom Zirkiev, et al., respondents. (Index No. 4798/11)
| DECISION & ORDER ON MOTION |
Motion by the respondents Shalom Zirkiev and Victoria Zirkiev, inter alia, to strike the record on an appeal from an order of the Supreme Court, Queens County, entered August 17, 2012, and to dismiss the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that pages 83 through 100 of the record are stricken and on or before August 22, 2013, the appellant shall remove those pages from the copies of the record filed with the Clerk of the Court as well as serve and file a supplemental record containing correct versions of Exhibits M and N annexed to the affirmation of Eric Feinberg filed in support of the underlying motion and affirmation of Thomas E. Berinato filed August 17, 2012, and the motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is enlarged until September 23, 2013, and the respondents' brief, if any, must be served and filed on or before that date.
RIVERA, J.P., SKELOS, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court