Lowenbraun v. McKeon

Full title: Solomon M. Lowenbraun, appellant, v. Cathy L. McKeon, et al., respondents.

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

Date published: Oct 28, 2011

2011 N.Y. Slip Op. 88370 (N.Y. App. Div. 2011)

Opinion

Motion No: 2011-02848 Index No. 10-013606 M127996

10-28-2011

Solomon M. Lowenbraun, appellant, v. Cathy L. McKeon, et al., respondents.

DANIEL D. ANGIOLILLO

, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

DECISION & ORDER ON MOTION

Motion by the respondent Steven Bantz, inter alia, to strike the appellant's appendix and brief on an appeal from an order of the Supreme Court, Nassau County, dated January 5, 2011, on the ground that the appendix is inadequate and contains matter dehors the reocrd, and the brief does not comply with the rules of the Court and raises issues not properly before this Court, and to enlarge his time to serve and file a brief. Separate motion by the respondent Cathy L. McKeon to strike stated portions of the appendix, to impose a sanction upon the appellant, and, in effect, to enlarge her time to serve and file a brief. Application by the respondent Steven Bantz 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 motions and the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion of the respondent Steven Bantz which is to strike the appellant's appendix and brief is granted, and on or before November 28, 2011, the appellant shall serve and file a replacement appendix that contains all relevant papers filed in connection with the motions that resulted in the order dated January 5, 2011, and a replacement brief that complies with the rules of the Court (see 22 NYCRR 670.10.3) and raises arguments only concerning the order dated January 5, 2011; and it is further,

ORDERED that the application and the branches of the motions which are to enlarge the respondents' time to serve and file their briefs are granted, the respondents' time to serve and file their briefs is enlarged until December 28, 2011, and the respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the motions are otherwise denied.

ANGIOLILLO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court