| Wimmershoff v Ahuactzin |
| Motion No: 2013-04299 |
| Slip Opinion No: 2014 NY Slip Op 65553(U) |
| Decided on March 5, 2014 |
| 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
M170486
E/sl
REINALDO E. RIVERA, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-04299 Ralf Wimmershoff, respondent, v Leticia R. Gonzalez Ahuactzin, appellant. (Index No. 10-23396)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, entered February 25, 2013, to strike stated portions of the appellant's brief on the ground that they refer to matters dehors the record, and to enlarge the time to serve and file a 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 appellant'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 to enlarge the respondent's time to serve and file a brief is denied as unnecessary as the brief was timely served and filed on February 3, 2014.
RIVERA, J.P., LOTT, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court