| Disa Realty, Inc. v Rao |
| Motion No: 2014-01195 |
| Slip Opinion No: 2015 NY Slip Op 89706(U) |
| Decided on November 5, 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
M201144
E/sl
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2014-01195 Disa Realty, Inc., appellant, v Kishor Rao, etc., respondent. (Index No. 9880/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to strike the respondent's brief on an appeal from an order of the Supreme Court, Queens County, entered April 4, 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 branch of the motion which is to strike the respondent's brief is granted, and on or before December 4, 2015, the respondent may serve and file a replacement respondent's brief that does not refer to matter dehors the record; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until January 4, 2016, and the reply brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., HALL, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court