| Donato v Nutovits |
| Motion No: 2015-02627 |
| Slip Opinion No: 2015 NY Slip Op 94147(U) |
| Decided on December 18, 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
M203501
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
SHERI S. ROMAN
COLLEEN D. DUFFY, JJ.
|
2015-02627 Kenneth Donato, Sr., etc., et al., appellants, v Ronald Nutovits, et al., respondents. (Index No. 70468/12)
| DECISION & ORDER ON MOTION |
Motion by the respondents Matthew Golkar, David L. Burns, and Westchester Medical Practice, P.C., to dismiss an appeal from an order of the Supreme Court, Westchester County, dated February 23, 2015, on the ground that no appeal lies as of right from an order determining an application to review objections raised during an examination before trial and leave to appeal has not been granted, or, in the alternative, to strike stated portions of the record on appeal and the appellants' brief on the ground that they contain or refer to matter dehors the record, and to enlarge the respondents' time to serve and file their respective briefs.
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 dismiss 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 branch of the motion which is to strike stated portions of the record on appeal and the appellants' brief is granted, pages 667 through 690 and 728 through 749 of the record and the appellants' brief are stricken, and on or before January 19, 2016, the appellant shall remove the stricken material 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 serve and file a replacement appellants' 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 respondents' time to serve and file their respective briefs is granted, the respondents' time to serve and file their respective briefs is enlarged until February 18, 2016, and the respondents' briefs must be served and filed on or before that date.
RIVERA, J.P., DILLON, ROMAN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court