Opinion
524586
11-22-2017
ABELE TRACTOR & EQUIPMENT, INC., Respondent-Appellant, v. CHARLES SCHAEFFER SR., Doing Business as AUTO SOLUTIONS, Also Known as AUTO SOLUTIONS OF NEW YORK, INC., Formerly Known as AUTO SOLUTIONS OF GLENVILLE, INC., et al., Defendants, and TRUSTCO BANK CORPORATION NY, Appellant-Respondent.
DECISION AND ORDER ON MOTION
Motion to dismiss appeals taken by respondent-appellant or to strike portions of record on appeal and brief, to supplement record on appeal, for sanctions and costs and for further relief.
Application to withdraw and discontinue appeals taken by appellant-respondent.
Upon the papers filed in support of the motion and the application and the papers filed in opposition to the motion, it is
ORDERED that the motion to dismiss is denied, without costs, and it is further
ORDERED that the motion to strike portions of the record on appeal as to pages 846 through 1329 is granted, without costs, and said pages are hereby stricken. It is further
ORDERED that the motion to strike pages 396 through 406, 355 through 357, page 395 and pages 1087 through 1131 and to supplement record on appeal with certain documents and for further relief is denied, without costs. Respondent-appellant shall file an application in the court of original instance, on or before December 12, 2017, to settle the record as to said pages and documents. The time to perfect the appeals is extended to January 22, 2018. It is further
ORDERED that the motion to strike portions of the brief of respondent-appellant is denied, without costs, and without prejudice to renewal upon the settlement of the record, and it is further
ORDERED that the motion for sanctions and costs is denied, without costs, and it is further
ORDERED that the application to withdraw and discontinue the appeals taken by appellant-respondent is granted, without costs.
Peters, P.J., McCarthy, Devine and Mulvey, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court