Opinion
2009-2028 Q C
01-31-2012
AGBH Bel Air Rental, LLC, Respondent, v. Hilary Best, Appellant, et al., Undertenants.
, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, dated August 7, 2009, to strike the respondent's brief. Separate motion by appellant for an enlargement of time to serve and file papers in reply to respondent's opposition papers.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellant's motions are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion for an enlargement of time to serve and file papers in reply to respondent's opposition papers is granted and the reply papers are deemed timely served and filed; and it is further,
ORDERED that appellant's motion to strike the respondent's brief is denied.
It is noted that absent an exception to the rule (e.g. Bravo v Terstiege, 196 AD2d 473, 476 [1993]), this court will not consider any matter that is dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989]).
ENTER:
Paul Kenny
Chief Clerk