| Matter of A. Ligeras Enterprises, Inc. v Carla Realty Co. |
| Motion No: 2016-01944 |
| Slip Opinion No: 2017 NY Slip Op 76790(U) |
| Decided on June 13, 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
M232251
E/ct
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
|
2016-01944 In the Matter of A. Ligeras Enterprises, Inc., appellant, v Carla Realty Co., respondent. (Index No. 34650/15)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to strike the respondent's brief on an appeal from an order of the Supreme Court, Rockland County, dated January 27, 2016, on the ground that it refers to matter dehors the record 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 the respondent's brief is granted, the respondent's brief is stricken, and on or before July 7, 2017, the respondent shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,
ORDERED that the branch of the motion which is to enlarge the appellant's time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until July 24, 2016, and the reply brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
CHAMBERS, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court