| Wheeler, formerly known as Phillips v Del Duca |
| Motion No: 2014-07776 |
| Slip Opinion No: 2015 NY Slip Op 76362(U) |
| Decided on June 16, 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
M194000
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX, JJ.
|
2014-07776 Sandra Wheeler, formerly known as Sandra Phillips, appellant, v Donald P. Del Duca, et al., respondents. (Index No. 00168/12)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, to strike stated portions of the record and brief on an appeal from an order of the Supreme Court, Suffolk County, dated May 30, 2014, on the ground that they contain or refer to matter dehors the record. Separate motion by the appellant, inter alia, for leave to file a supplemental brief raising an argument that the Supreme Court, Suffolk County, should have allowed her to file a sur-reply affirmation in connection with the motion that resulted in the order dated May 30, 2014.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the respondents' motion which is to strike pages 14 through 46 and 209 through 218 of the record is granted, those pages are stricken, and on or before July 7, 2015, the appellant shall either (1) replace the documents on pages 14 through 46 in the copies of the record filed with the Clerk of the Court with copies that do not contain handwritten notations and remove pages 209 through 218 from the copies of the record filed with the Clerk of the Court, or (2) serve and file a replacement record that does not contain handwritten notations on pages 14 through 46 and does not contain the document on pages 209 through 218; and it is further,
ORDERED that the respondents' motion is otherwise denied; and it is further,
ORDERED that the appellant's motion is denied; and it is further,
ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is enlarged until August 7, 2015, and the respondents' brief must be served and filed on or before that date.
RIVERA, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court