| Waterfalls Italian Cuisine, Inc. v Tamarin |
| Motion No: 2016-01258 |
| Slip Opinion No: 2016 NY Slip Op 81432(U) |
| Decided on August 4, 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
M215908
E/afa
MARK C. DILLON, J.P.
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2016-01258 Waterfalls Italian Cuisine, Inc., et al., appellants, v Robert P. Tamarin, et al., defendants, Venetian Circle, LLC, respondent (and a third-party action). (Index No. 103199/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike pages 974 through 992 from the record on an appeal from an order of the Supreme Court, Richmond County, dated January 5, 2016, or, in the alternative, to enlarge the record to include a certain letter dated December 21, 2015, and to enlarge its time to serve and file a brief. By decision and order on motion of this Court, the matter was remitted to the Supreme Court, Richmond County, to report on whether that court considered the sur-reply letter dated December 21, 2015, sur-reply affidavit also dated December 21, 2015, and annexed exhibits, contained on pages 974 through 992 of the record on appeal, in determining the motion that resulted in the order dated January 5, 2016, and the motion was held in abeyance in the interim. The Supreme Court, Richmond County, has filed its report dated June 30, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Richmond County, dated June 30, 2016, it is
ORDERED that the branch of the motion which is to strike pages 974 through 992 of the record on appeal is granted, and on or before August 18, 2016, the appellant shall remove those pages, and correct the table of contents of the record to remove reference to pages 974 through 992 of the record from the copies of the record filed with the Clerk of the Court; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until September 19, 2016, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court