| Pam Atkinson & Thomas J. Atkinson v John O'toole Doing Bus. As Black Ice Paving Contrs., Inc. |
| Motion No: 2015-01655 SC |
| Slip Opinion No: 2016 NY Slip Op 69971(U) |
| Decided on March 21, 2016 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Pam Atkinson and Thomas J. Atkinson, Respondent, v John O'Toole Doing Business as Black Ice Paving Contractors, Inc., Appellant. |
Motion by respondent to strike the appendix to appellant's brief and to enlarge the time to serve and file a respondent's brief on an appeal from a judgment of the District Court of Suffolk County, Third District, entered June 16, 2014.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to enlarge the time to serve and file a respondent's brief is granted and the respondent's brief shall be served and filed by April 13, 2016; and it is further,
ORDERED that the appellant, if he be so advised, may serve and file a reply brief within
7 days from the service of the respondent's brief; and it is further,
ORDERED that the branch of the motion seeking to strike the appellants' brief and appendix is denied.
In determining the instant appeal, this court will not consider matters dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989]).
ENTER:
Paul Kenny
Chief Clerk