| Demartino v Harris |
| Motion No: 2015-07871 |
| Slip Opinion No: 2017 NY Slip Op 88039(U) |
| Decided on October 5, 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
M238905
E/sl
JOHN M. LEVENTHAL, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2015-07871 Frank Demartino, et al., appellants, v David S. Harris, etc., respondent. (Index No. 16697/13)
| DECISION & ORDER ON MOTION |
Motion by the appellants to strike the respondent's brief on an appeal from an order of the Supreme Court, Queens County, dated April 28, 2015, on the ground that the counterstatement of facts does not contain page citations to the record and 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 motion is granted, the respondent's brief is stricken, on or before November 6, 2017, the respondent shall serve and file a replacement respondent's brief which contains appropriate citations to the record and does not refer to matter dehors the record, the appellants' time to serve and file a reply brief is enlarged until December 6, 2017, and the appellants' reply brief shall be served and filed on or before that date.
LEVENTHAL, J.P., BARROS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court