| Wright v Gerald Gardner Wright, P.C. |
| Motion No: 2015-00006 |
| Slip Opinion No: 2016 NY Slip Op 62141(U) |
| Decided on January 22, 2016 |
| 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
M205180
E/ct
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2015-00006 Gerald G. Wright, appellant, v Gerald Gardner Wright, P.C., et al., respondents. (Index No. 7347/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent 2701 Associates, LLC, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated October 22, 2014, on the ground that the record is inadequate, contains matter dehors the record, and does not comply with the rules of the Court, or, in the alternative, to enlarge the time to serve and file a brief. Application by the respondent 2701 Associates, LLC, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
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 branch of the motion which is to dismiss the appeal is denied on condition that on or before February 22, 2016, the appellant (1) serves and files a replacement record that contains relevant exhibits (see 22 NYCRR 670.10.2[b][4]), does not contain matter dehors the record, and complies with the relevant rules of the Court (see 22 NYCRR 670.10.1, 670.10.2), and (2) serves and files a replacement brief that references the replacement record and 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 of the respondent 2701 Associates, LLC, to serve and file a brief and the application for that relief are granted, the time of the respondent 2701 Associates, LLC, to serve and file a brief is enlarged until March 23, 2016, and the 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., CHAMBERS, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court