| Rosario v Montalvo & Son Auto Repair Center, Ltd. |
| Motion No: 2012-10849 |
| Slip Opinion No: 2013 NY Slip Op 84396(U) |
| Decided on September 5, 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
M161753
E/nl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2012-10849
Luis Rosario, respondent, v Montalvo & Son Auto Repair Center, Ltd., appellant, et al., defendant. (Index No. 23045/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike the respondent's appendix and brief on an appeal from a judgment of the Supreme Court, Kings County, dated September 27, 2012, on the ground that they contain or refer to matter dehors the record, and 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 motion is granted and on or before October 7, 2013, the respondent may serve and file a replacement brief that does not refer to the Workers' Compensation Board's Memorandum of Board Panel Decision filed October 9, 2012, and an appendix that does not contain that document; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until October 22, 2013, and the reply brief, if any, must be served and filed on or before that date.
RIVERA, J.P., ANGIOLILLO, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court