| Diederich v Wetzel |
| Motion No: 2015-10410 |
| Slip Opinion No: 2018 NY Slip Op 86515(U) |
| Decided on October 19, 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
M256618
E/mm
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2015-10410 Michael Diederich, Jr., respondent, v Lorraine Wetzel, etc., appellant. (Index No. 4645/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of a judgment of the Supreme Court, Rockland County, entered August 12, 2015, pending hearing and determination of an appeal therefrom, to strike stated portions of the respondent's appendix and the respondent's brief on the ground that they contain or refer 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 pages 1 and 2 of the respondent's appendix is granted and on or before November 13, 2018, the respondent shall remove those pages from the copies of the respondent's appendix filed with the Clerk of the Court; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., AUSTIN, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court