Locust Valley Central School District v Benstock
Motion No: 2014-08238
Slip Opinion No: 2015 NY Slip Op 68447(U)
Decided on March 30, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M189858

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2014-08238

Locust Valley Central School District,

appellant, v John Benstock, respondent.

(Matter No. 1)

In the Matter of Locust Valley Central

School District, appellant, v Locust Valley

Teachers' Association, respondent

(Index Nos. 5808/13, 13085/13)

DECISION & ORDER ON MOTION

Motion by the respondent Locust Valley Teachers' Association to strike stated portions of the record on an appeal from an order of the Supreme Court, Nassau County, entered July 8, 2014, and to amend the caption of the appeal. Application by the respondent Locust Valley Teachers' Association 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 strike stated portions of the record is granted to the extent that pages 125 through 151 and 169 through 199 of the record are stricken, and on or before April 20, 2015, the appellant shall remove those pages from the copies of the record filed with the Clerk of the Court or serve and file a replacement record that does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to amend the caption of the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted, the respondent Locust Valley Teachers' Association's time to serve and file a brief is enlarged until May 20, 2015, and the respondent Locust Valley Teachers' Association's brief must be served and filed on or before that date.

BALKIN, J.P., CHAMBERS, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court