| Matter of AAA Carting and Rubbish Removal, Inc. v Town o |
| Motion No: 2013-09735 |
| Slip Opinion No: 2014 NY Slip Op 87839(U) |
| Decided on October 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
M181694
E/htr
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
BETSY BARROS, JJ.
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2013-09735 In the Matter of AAA Carting and Rubbish Removal, Inc., appellant, v Town of Clarkstown, et al., respondents. (Index No. 2882/12)
| DECISION & ORDER ON MOTION |
Joint motion by the respondents on an appeal from an order of the Supreme Court, Putnam County, dated July 26, 2013, inter alia, to strike the appellant's brief on the ground that it refers to matter dehors the record, and to enlarge the time to serve and file their respective briefs.
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 the appellant's brief is granted, and on or before November 24, 2014, the appellant shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file their respective briefs is granted, the respondents' time to serve and file their respective briefs is enlarged until December 24, 2014, and the respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., LEVENTHAL, HINDS-RADIX and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court