| William Reese v Tony's Auto Repair |
| Motion No: 2014-00807 KC |
| Slip Opinion No: 2014 NY Slip Op 87407(U) |
| Decided on October 17, 2014 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| William Reese, Appellant, v Tony's Auto Repair, Respondent. |
Motion by appellant on an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered September 25, 2013, to strike respondent's proposed amendments or objections to the transcript, and to strike certain references in the respondent's brief. Separate motion by appellant for an enlargement of time to serve and file reply papers.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion to strike respondent's proposed amendments or objections to the transcript, and to strike certain references in the respondent's brief is denied. This court will not consider matter or factual assertions which are dehors the settled record (see Chimarios v Duhl, 152 AD2d 508 [1989]); and it is further,
ORDERED that appellant's motion for an enlargement of time to serve and file reply papers is denied, as no papers in opposition motion have been filed with this court.
ENTER:
Paul Kenny
Chief Clerk