Opinion
Motion No: 2011-06337 Index No. 10-269 M128003
10-31-2011
Jacoby & Meyers, LLP, respondent, v. Michael Flomenhaft, et al., appellants, et al., defendants.
, J.P.
RANDALL T. ENG
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent on an appeal from an order of the Supreme Court, Orange County, dated November 12, 2010, to enlarge the record on appeal and cross motion by the appellants to strike portions of the respondent's brief on the ground that it refers to matter dehors the record.
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 no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted and on or before November 15, 2011, the respondent shall delete from the copies of its brief on file with this Court so much of the first full paragraph on page 16 of the brief beginning with the word "Indeed" and ending with the words "in this case", and footnote 4.
RIVERA, J.P., ENG, BELEN and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court