| Victor v Daley |
| Motion No: 2016-06300 |
| Slip Opinion No: 2017 NY Slip Op 64932(U) |
| Decided on February 22, 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
M226481
E/sl
JOHN M. LEVENTHAL, J.P.
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2016-06300 Alain Victor, plaintiff-respondent, v Neil Daley, appellant, Avery Bernstein, defendant-respondent. (Index No. 5984/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike stated portions of the plaintiff-respondent's brief on an appeal from an order of the Supreme Court, Kings County, dated April 27, 2016, on the ground that the plaintiff-respondent is improperly seeking affirmative relief on the appeal, and to enlarge the time to serve and file a reply brief.
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 stated portions of the plaintiff-respondent's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until March 9, 2017, and the reply brief shall be served and filed on or before that date.
LEVENTHAL, J.P., SGROI, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court