| Castle Restoration & Construction, Inc. v Castle Restoratio |
| Motion No: 2015-02678 |
| Slip Opinion No: 2015 NY Slip Op 75450(U) |
| Decided on June 8, 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
M193554
E/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2015-02678 Castle Restoration & Construction, Inc., appellant- respondent, v Castle Restoration, LLC, et al., respondents-appellants, Robert P. Castaldi, respondent. (Index No. 9187/13)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants on an appeal from an order of the Supreme Court, Nassau County, entered February 9, 2015, to strike pages 265 through 498 of the joint record on the ground that they contain matter dehors the record, to strike portions of the appellant-respondent's brief that refer to those pages, and to enlarge the time to serve and file a brief. Cross motion by the appellant-respondent to enlarge the record to include the material on pages 265 through 498 of the joint record. Application by the respondents-appellants 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 cross 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 motion and the application are granted; and it is further,
ORDERED that the cross motion is denied; and it is further,
ORDERED that pages 265 through 498 of the joint record and the appellant-respondent's brief are stricken, and on or before July 8, 2015, the appellant-respondent shall remove pages 265 through 498 from the copies of the joint record filed with the Clerk of the Court or serve and file a replacement joint record that does not contain the subject material and shall serve and file a replacement brief that does not refer to the subject material; and it is further,
ORDERED that the respondents-appellants's time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until August 7, 2015, and the answering brief shall be served and filed on or before that date.
DILLON, J.P., HALL, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court