Opinion
Motion No: 2011-02612 Index No. 08-00158 M128060
10-28-2011
Environmental Technology Group, Inc., appellant, v. Gannett Fleming Project Development Corp., respondent.
, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated February 1, 2011, to strike pages 470-483 of the record on appeal on the ground that those pages contain material dehors the record, or 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, it is
ORDERED that the branch of the motion which is to strike pages 470-483 of the record on appeal is denied on condition that on or before November 25, 2011, the appellant file a supplemental record containing the memorandum of law filed by the respondent in connection with the motion that resulted in the order on appeal; and it is further,
ORDERED that the branch of the motion which is to enlarge time to serve and file a brief is granted and the respondent's brief shall be served and filed on or before December 27, 2011.
SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court