Schlapa v Consolidated Edison Company of New York, Inc.

Schlapa v Consolidated Edison Company of New York, Inc.

Motion No: 2017-05627

Slip Opinion No: 2018 NY Slip Op 78297(U)

Decided on July 20, 2018

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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M252865

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2017-05627
Thomas Schlapa, appellant, v Consolidated
Edison Company of New York, Inc., et al.,
respondents.
(Index No. 21132/13)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to strike stated portions of the record on an appeal from an order of the Supreme Court, Queens County, dated April 27, 2017, and for leave to serve and file a supplemental record containing certain material. Separate motion by the appellant, inter alia, in effect, to strike the respondents' brief and to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the respondents' motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the respondents' motion which are to strike stated portions of the record and for leave to serve and file a supplemental record are granted; and it is further,

ORDERED that the branch of the appellant's motion which is, in effect, to strike the respondents' brief is granted to the extent that point A on page 4 of the brief is stricken, and that branch of the appellant's motion is otherwise denied; and it is further,

ORDERED that on or before August 20, 2018, the appellant shall remove pages 37 through 49 from the copies of the record filed with the Clerk of the Court; and it is further,

ORDERED that on or before August 20, 2018, the respondent shall serve and file a supplemental record containing the documents annexed to the motion papers at Exhibit C-1 and C-2 and delete point A on page 4 from the copies of the respondents' brief filed with the Clerk of the Court; and it is further,

ORDERED that the branch of the appellant's 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 September 4, 2018, and the reply brief shall be served and filed on or before that date; and it is further,

ORDERED that the motions are otherwise denied.

DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court