| Tan v Capers |
| Motion No: 2015-02476 |
| Slip Opinion No: 2015 NY Slip Op 94243(U) |
| Decided on December 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
M203483
E/ct
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2015-02476 Suzanne Tan, plaintiff-respondent, v Jimmie Capers, et al., defendants, Hyundai Lease Titling Trust, appellant, Star Hyundai, LLC, defendant-respondent. (Index No. 5456/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent Star Hyundai, LLC, to strike stated portions of the appellant's brief an appeal from an order of the Supreme Court, Queens County, entered December 31, 2014, or, in the alternative, for leave to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is to strike Point II of the appellant's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondent's brief is enlarged until January 22, 2016, and the brief of the respondent Star Hyundai, LLC, shall be served and filed on or before that date.
RIVERA, J.P., HALL, ROMAN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court