Hattem v. Smith

Full title: PETER HATTEM, Appellant, v. ROBERT J. SMITH et al., Respondents.

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Dec 22, 2016

2016 N.Y. Slip Op. 95143 (N.Y. App. Div. 2016)

Opinion

523068 523792

12-22-2016

PETER HATTEM, Appellant, v. ROBERT J. SMITH et al., Respondents.

Peters, P.J., McCarthy, Egan Jr. and Devine, JJ., concur.

DECISION AND ORDER ON MOTION

Motion to strike supplemental record on appeal, to take judicial notice of order of Supreme Court dated July 16, 2015, for extension of time to file and serve reply brief and for further relief.

Upon the papers filed in support of the motion and the papers filed in opposition and in response thereto, it is

ORDERED that the motion to strike the record on appeal and for further relief is granted, without costs, only to the extent that pages 537 through 709 of the supplemental record on appeal and all references thereto in respondents' brief in case No. 523792 are hereby deemed stricken, and it is further

ORDERED that the motion to take judicial notice of the order of Supreme Court dated July 16, 2015 is granted, without costs, to the extent that appellant shall file and serve a second supplemental record on appeal on or before January 9, 2017, which shall include said order, and it is further

ORDERED that the motion for an extension of time to file and serve the reply brief is granted, without costs, and the time is extended to January 9, 2017.

Peters, P.J., McCarthy, Egan Jr. and Devine, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court