| Matter of Congregation Ahava Moische, Inc. v Katzoff |
| Motion No: 2013-06910 |
| Slip Opinion No: 2015 NY Slip Op 62350(U) |
| Decided on January 28, 2015 |
| 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
M186253
E/ct
RANDALL T. ENG, P.J.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
HECTOR D. LASALLE, JJ.
|
2013-06910 In the Matter of Congregation Ahava Moische, Inc., et al., petitioners-respondents, v Joseph Katzoff, et al., appellants, et al., respondents. (Index No. 3895/12)
| DECISION & ORDER ON MOTION |
Motion by the appellants to strike the petitioners-respondents' brief on an appeal from an order of the Supreme Court, Kings County, dated May 6, 2013, on the ground that it refers 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, the petitioners-respondents brief is stricken and on or before February 23, 2015, the petitioners-respondents may serve and file a replacement brief that does not refer to matter dehors the record; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until March 10, 2015, and the reply brief must be served and filed on or before that date.
ENG, P.J., LEVENTHAL, HALL and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court