| Independent Temperature Control Services, Inc. v WDF, In |
| Motion No: 2013-05147 |
| Slip Opinion No: 2013 NY Slip Op 89670(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
M164424
E/sl
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
L. PRISCILLA HALL, JJ.
|
2013-05147 Independent Temperature Control Services, Inc., plaintiff, v WDF, Inc., et al., appellants, M.A. Angeliades, Inc., et al., respondents, et al., defendant. (Index No. 2107/11)
| DECISION & ORDER ON MOTION |
Motion by appellants to strike stated portions of the brief filed by the respondent M.A. Angeliades, Inc., and Federal Insurance Company on an appeal from an order of the Supreme Court, Queens County, dated March 6, 2013, on the ground that they 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 branch of the motion which is to strike stated portions of the brief filed by the respondent M.A. Angeliades, Inc., and Federal Insurance Company 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 to enlarge the time to serve and file a reply brief is granted, the appellants' time to serve and file a reply brief is enlarged until November 12, 2013, and the reply brief must be served and filed on or before that date.
ENG, P.J., DICKERSON, CHAMBERS and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court