| Marry v Newburgh Enlarged School District |
| Motion No: 2022-04398 |
| Slip Opinion No: 2023 NY Slip Op 66766(U) |
| Decided on May 12, 2023 |
| 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
M288910
AFA/
COLLEEN D. DUFFY, J.P.
WILLIAM G. FORD
DEBORAH A. DOWLING
JANICE A. TAYLOR, JJ.
|
2022-04398 Niall Marry, etc., et al., appellants, v Newburgh Enlarged City School District, respondent. (Index No. 2526/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Orange County, dated May 4, 2022. Motion by the respondent to strike stated portions of the record on the ground that they are dehors the record and for an extension of time to serve and file a respondent's brief.
Upon the papers filed in support of the motion 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 stated portions of the record is granted, pages 93-131 and pages 139-212 are stricken, and on or before June 12, 2023, the appellants shall serve and file, via NYSCEF, a replacement record that does not contain the stricken material currently included in the record at pages 93-131 and 139-212 and is in all other respects the same as the record previously filed; and it is further,
ORDERED that the branch of the motion which is for an extension of time to serve and file a respondent's brief is granted, and on or before July 12, 2023, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
DUFFY, J.P., FORD, DOWLING and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court