| Taylor v New York City Transit Authority |
| Motion No: 2012-03465 |
| Slip Opinion No: 2014 NY Slip Op 72932(U) |
| Decided on May 22, 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
M174483
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
SHERI S. ROMAN, JJ.
|
2012-03465 Elvis Taylor, appellant, v New York City Transit Authority, et al., respondents. (Index No. 4452/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike stated portions of the respondents' appendix and brief on an appeal from a judgment of the Supreme Court, Kings County, dated January 23, 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 it is further,
ORDERED that page 11 and pages 23 through 223 of the respondents' appendix, and the respondents' brief, are stricken, and on or before June 23, 2014, the respondents shall either remove that material from the copies of the respondents' appendix filed with the Clerk of the Court or serve and file a replacement appendix and a replacement brief that do not contain or refer to the stricken material; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until July 14, 2014, and the reply brief must be served and filed on or before that date.
RIVERA, J.P., BALKIN, LEVENTHAL and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court