| Campbell v Bradco Supply Company |
| Motion No: 2017-01457 |
| Slip Opinion No: 2018 NY Slip Op 82903(U) |
| Decided on September 10, 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. |
Appellate Division: Second Judicial Department
M255032
E/mm
CHERYL E. CHAMBERS, J.P.
JEFFREY A. COHEN
BETSY BARROS
LINDA CHRISTOPHER, JJ.
|
2017-01457 Margaret Campbell, respondent, v Bradco Supply Company, et al., appellants. (Index No. 11307/10)
| DECISION & ORDER ON MOTION |
2018-01805
Margaret Campbell, appellant,
v Bradco Supply Company, et al.,
respondents.
(Index No. 11307/10)
Motion by Bradco Supply Company and Harris Boshak, in effect, to recall and vacate so much of a decision and order on motion of this Court dated November 16, 2017, as dismissed their appeal from an order of the Supreme Court, Suffolk County, dated December 26, 2016, for failure to timely perfect and to enlarge their time to perfect that appeal, and to strike the appendix or stated portions of the appendix filed by Margaret Campbell in connection with her appeal from an order of the same court dated October 25, 2016, on the ground that the appendix is inadequate and contains matter dehors the record, to strike the brief or stated portions of the brief filed by Margaret Campbell in connection with the appeal from the order dated October 25, 2016, on the ground that it refers to matter dehors the record, and for an award of costs.
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 recall and vacate so much of the decision and order on motion dated November 16, 2017, as dismissed the appeal by Bradco Supply Company and Harris Boshak from the order dated December 26, 2016, and to enlarge their time to perfect that appeal is denied; and it is further,
ORDERED that the branches of the motion which are to strike the appendix and the brief, or stated portions of the appendix and brief, filed by Margaret Campbell in connection with her appeal from the order of the dated October 25, 2016, and for an award of costs are held in abeyance and referred to the panel of Justices hearing that appeal for determination upon the argument or submission thereof.
CHAMBERS, J.P., COHEN, BARROS and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court