| Daconta v Otis Elevator Company |
| Motion No: 2016-02292 |
| Slip Opinion No: 2017 NY Slip Op 64011(U) |
| Decided on February 10, 2017 |
| 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
M225988
E/sl
L. PRISCILLA HALL, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
FRANCESCA E. CONNOLLY, JJ.
|
2016-02292 Theresa Daconta, et al., appellants, v Otis Elevator Company, respondent. (Index No. 41183/10)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated December 1, 2015, or, in the alternative, in effect, to direct the appellants to correct the record, to enlarge the time to serve and file a brief, for an award of an attorney's fee and costs, and to strike Point VI from the appellants' brief on the ground that it is frivolous. Cross motion by the appellants to impose a sanction upon the respondent and for an award of costs or, in the alternative, for leave to serve and file a supplemental record and for leave to remove certain material from the copies of the record filed with the Clerk of the Court.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to direct the appellants to correct the record are granted to the extent that on or before March 7, 2017, the appellants shall remove the three memoranda of law on pages R226 through 236, R362 through R386, and R722 through 743 from the copies of the record filed with the Clerk of the Court and correct the table of contents in those copies of the record, and serve and file a supplemental record containing the affidavit of Patrick McPartland dated December 16, 2016, and the affidavit of John Weilert dated April 7, 2014, or shall serve and file a replacement record that omits the three memoranda and contains the two affidavits; 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 April 6, 2017, 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; and it is further,
ORDERED that cross motion is granted to the extent set forth above and is otherwise denied.
HALL, J.P., AUSTIN, SGROI and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court