| Baron v Suissa |
| Motion No: 2014-11203 |
| Slip Opinion No: 2016 NY Slip Op 83501(U) |
| Decided on August 25, 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
M217037
E/ct
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
SANDRA L. SGROI
VALERIE BRATHWAITE NELSON, JJ.
|
2014-11203 Marcy R. Baron, appellant, v Ronald Suissa, respondent. (Index No. 10610/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to strike the appellant's replacement brief on an appeal from an order of the Supreme Court, Suffolk County, dated September 4, 2014, on the ground that it refers to matter dehors the record and does not contain supporting references to pages in the record.
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 strike the appellant's replacement brief is granted, and on or before September 25, 2016, the appellant shall serve and file a replacement brief that does not refer to matter dehors the record and does contain appropriate supporting references to pages in the record; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until October 25, 2016, and the respondent's brief must be served and filed on or before that date.
DILLON, J.P., DICKERSON, SGROI and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court