| Ahmed v Raouf |
| Motion No: 2014-01819 |
| Slip Opinion No: 2014 NY Slip Op 87078(U) |
| Decided on October 21, 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
M181586
E/sl
PETER B. SKELOS, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2014-01819 Md Shueb Ahmed, plaintiff-respondent, v Muhammad Raouf, defendant third-party plaintiff-appellant; Super Duper Pizza, Inc., et al., third-party defendants-respondents. (Index No. 8578/12)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated November 18, 2013, or strike the record on appeal on the ground that the record is inadequate and contains matter dehors the record, and to enlarge the time to serve and file a brief. Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) 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, 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 branch of the motion which is to dismiss the appeal or strike the record on appeal is granted to the extent that on or before November 20, 2014, the appellant shall either make the following corrections to the copies of the record on appeal filed with the Clerk of the Court: (1) remove Exhibit E at pages 83 through 84 and replace it in the proper place in the record, (2) correct the table of contents to reflect instances where the exhibits are reproduced in other portions of the record, and (3) add the exhibit attached to the reply papers; or serve and file a replacement record which contains the corrections set forth above; and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the plaintiff-respondent's time to serve and file a brief and the application for that relief are granted, the plaintiff-respondent's time to serve and file a brief is enlarged until December 22, 2014, and the plaintiff-respondent's brief must be served and filed on or before that date.
SKELOS, J.P., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court