| Farage v Ehrenberg |
| Motion No: 2012-03461 |
| Slip Opinion No: 2013 NY Slip Op 89665(U) |
| Decided on October 28, 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
M164422
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2012-03461 Regina Farage, appellant, v Lance Ehrenberg, respondent. (Index No. 7325/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to file a supplemental appendix on an appeal from an order of the Supreme Court, Kings County, dated March 9, 2012. Cross motion by the appellant to strike the respondent's brief on the ground that it refers to matter dehors the record, to impose a sanction upon the respondent, and for an award of costs and an attorney's fee.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is to strike the respondent's brief is granted, the respondent's brief is stricken, and on or before November 18, 2013, the respondent shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,
ORDERED that the cross motion is otherwise denied.
MASTRO, J.P., LEVENTHAL, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court