| Foxstone Group, LLC v Calvary Pentecostal Church, Inc. Also known as |
| Motion No: 2016-12534 |
| Slip Opinion No: 2017 NY Slip Op 82794(U) |
| Decided on August 14, 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
M235941
E/ct
MARK C. DILLON, J.P.
SYLVIA O. HINDS-RADIX
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
|
2016-12534 Foxstone Group, LLC, et al., plaintiffs/counterclaim defendants-appellants, v Calvary Pentecostal Church, Inc., also known as Calvary Pentecostal Cathedral of Praise, defendant/counterclaim plaintiff-respondent, Marcus Roberts, defendant-respondent; Jason Bauer, et al., counterclaim defendants-appellants. (Index No. 501142/16)
| DECISION & ORDER ON MOTION |
Motion by Calvary Pentecostal Church, Inc., also known as Calvary Pentecostal
Cathedral of Praise, and Marcus Roberts, inter alia, to strike stated portions of the appellants' appendix and brief on an appeal from an order of the Supreme Court, Kings County, dated November 17, 2016, on the ground that they contain or refer to matter dehors the record, to enlarge the time to serve and file a brief and for an award of costs and an attorney's fee. Application by Calvary Pentecostal Church, Inc., also known as Calvary Pentecostal Cathedral of Praise, and Marcus Roberts pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to strike pages A215 through A218 is granted, pages A215 through A218 are stricken and on or before September 5, 2017, the appellants shall remove the stricken material from the copies of the appellants' appendix filed with the Clerk of the Court; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the application for that relief are granted, the time of Calvary Pentecostal Church, Inc., also known as Calvary Pentecostal Cathedral of Praise, and Marcus Roberts to serve and file a brief is enlarged until October 10, 2017, and the brief of Calvary Pentecostal Church, Inc., also known as Calvary Pentecostal Cathedral of Praise, and Marcus Roberts shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., HINDS-RADIX, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court