| Iavarone v City of New York |
| Motion No: 2013-05594 |
| Slip Opinion No: 2014 NY Slip Op 67196(U) |
| Decided on March 24, 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
M171583
E/ct
MARK C. DILLON, J.P.
L. PRISCILLA HALL
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-05594 Alyce Iavarone, et al., appellants, v City of New York, respondent, et al., defendants. (Index No. 103693/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike stated portions of the appellants' appendix on an appeal from an order of the Supreme Court, Richmond County, dated March 19, 2013, and to enlarge the time to serve and file a brief. Cross motion by the appellants to stay all proceedings in the above-entitled action, including the trial on the respondent's counterclaims, pending hearing and determination of the appeal. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file its brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the cross motion is granted to the extent that the trial on the respondent's counterclaims is stayed pending hearing and determination of the appeal, and the cross motion is otherwise denied; and it is further,
ORDERED that the motion and the application are granted; and it is further,
ORDERED that Volume I of the appendix is stricken and on or before April 24, 2014, the appellants shall serve and file a replacement Volume I of the appendix that complies with the CPLR and the rules of this Court and contains the papers that were filed in connection with the motion that resulted in the order dated March 19, 2013, as appear in the original papers on file with the Clerk of this Court, and which does not contain matter dehors the record; and it is further,
ORDERED that the respondent's time to serve and file its brief is enlarged until May 27, 2014, and the respondent's brief must be served and filed on or before that date.
DILLON, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court