Grigore v. Kourounis

Full title: Georgiana Grigore, appellant, v. Nicholas Kourounis, et al., respondents.

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

Date published: Apr 2, 2013

2013 N.Y. Slip Op. 69226 (N.Y. App. Div. 2013)

Opinion

2012-07030 Index No. 24508/10 M153938

04-02-2013

Georgiana Grigore, appellant, v. Nicholas Kourounis, et al., respondents.

REINALDO E. RIVERA

, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the respondents Edgar F. Ozuna and Royal Monger Transportation to strike pages 289 through 374 of the record on an appeal from a judgment of the Supreme Court, Queens County, entered June 20, 2012, on the ground that they contain matter dehors the record, and to enlarge the time to serve and file a brief. Separate applications by the respondent Nicholas Kourounis, and the respondents Juan Sebastian Rodriguez and Andres Garces, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.

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

ORDERED that the branch of the motion which is to strike pages 289 through 374 of the record is granted, and pages 289 through 374 of the record on an appeal are stricken; and it is further,

ORDERED that on the Court's own motion, the appellant's brief is stricken; and it is further,

ORDERED that on or before May 2, 2013, the appellant shall remove pages 289 through 374 from the copies of the record on an appeal filed with the Clerk of the Court or serve and file a replacement record that does not contain the material on those pages, and shall serve and file a replacement brief that does not refer to the stricken material; and it is further,

ORDERED that the branch of the motion which is enlarge the time to serve and file a brief and the separate applications for that relief are granted, the respondents' time to serve and file their respective briefs is enlarged until June 3, 2013, and the respondents' briefs must be served and filed on or before that date.

RIVERA, J.P., LEVENTHAL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court