Opinion
2011-11139 Index No. 09-5820 M153364
03-21-2013
Deutsch Bank National Trust Company, respondent, v. Delroy White, appellant.
, J.P.
DANIEL D. ANGIOLILLO
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant for leave to file exhibits to his brief on an appeal from an order of the Supreme Court, Westchester County, dated October 25, 2011. Cross motion by the respondent to strike stated portions of the appellant's brief on the ground that they refer to 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 papers filed in support of the cross motion and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted, the references to matter dehors the record in paragraphs 10, 11, 12, 13, 25, and 26 of the appellant's brief are stricken, and on or before April 22, 2013, the appellant shall either remove those references to matter dehors the record in paragraphs 10, 11, 12, 13, 25, and 26 from the copies of the brief filed with the Clerk of this Court or serve and file a replacement brief that does not refer to matter dehors the record; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until May 22, 2013, and the respondent's brief must be served and filed on or before that date.
SKELOS, J.P., ANGIOLILLO, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court