Ali v. Chaudhry

Full title: Pir Wajid Ali, appellant, v. Shafquat Chaudhry, respondent.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Sep 12, 2011

Motion No: 2011-00928 (N.Y. App. Div. Sep. 12, 2011)

Opinion

Motion No: 2011-00928 Index No. 3948/09M125196

09-12-2011

Pir Wajid Ali, appellant, v. Shafquat Chaudhry, respondent.

MARK C. DILLON

, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated November 15, 2010, on the ground that the record on appeal is inadequate and contains matter dehors the record. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied on condition that on or before October 4, 2011, the appellant shall serve and file a replacement record and replacement brief that does not contain or refer to matter dehors the record and complies with the CPLR and Rules of this Court (see CPLR 5526, 5528, 5531; 22 NYCRR 670.10.1, 670.10.2, 670.10.3); and it is further,

ORDERED that the application is denied as academic.

DILLON, J.P., FLORIO, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court