| Disa Realty, Inc. v Rao |
| Motion No: 2016-06948 |
| Slip Opinion No: 2017 NY Slip Op 72659(U) |
| Decided on May 4, 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
M230503
E/afa
RANDALL T. ENG, P.J.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2016-06948 Disa Realty, Inc., respondent, v Kishor Rao, etc., appellant, et al., defendants. (Index No. 10206/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to strike stated portions of the appellant's brief on an appeal from a judgment of the Supreme Court, Queens County, dated May 31, 2016, on the ground that it refers to matter dehors the record and improperly raises certain issues, and to enlarge the respondent's time to serve and file a 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 the appellant'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 respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until June 19, 2017, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
ENG, P.J., LEVENTHAL, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court