| Herczl v Feinsilver |
| Motion No: 2015-01716 |
| Slip Opinion No: 2015 NY Slip Op 85170(U) |
| Decided on September 21, 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
M197096
E/sl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
SYLVIA O. HINDS-RADIX, JJ.
|
2015-01716 Aron Herczl, respondent, v David Feinsilver, et al., appellants, et al., defendants. (Index No. 504440/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated December 11, 2014, to strike pages 198 through 374 of the record on appeal on the ground that they refer to matter dehors the record, in effect, to strike the appellants' brief, to enlarge the time to serve and file a respondent's brief, and for an award of costs and an attorney's fee. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on the appeal.
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 branches of the motion which are to strike pages 198 through 374 of the record and, in effect, to strike the appellants' brief are granted, and on or before October 22, 2015, the appellant shall (1) remove those pages from and delete the references to those pages in the table of contents from the copies of the record filed with the Clerk of the Court or serve and file a replacement record that does not contain or refer to the stricken material, and (2) serve and file a replacement brief that does not refer to the stricken material; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief and the application for that relief are granted, the respondent's time to serve and file a brief is enlarged until November 23, 2015, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., CHAMBERS, HALL and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court