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Pastrana v. Cutler

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Mar 1, 2013
2013 N.Y. Slip Op. 66199 (N.Y. App. Div. 2013)

Opinion

2012-04033 2012-04820 Index No. 11-59184 M152199

03-01-2013

Robin Pastrana, et al., respondents, v. Helaine Atlas Cutler, et al., appellants.


, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Westchester County, dated April 17, 2012, inter alia, to strike the respondents' brief on the ground that it refers to matter dehors the record and to enlarge the time to serve and file a reply brief. Cross motion by the respondents, in effect, to enlarge the record on appeal to include certain material.

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

ORDERED that the branch of the motion which is to strike the respondents' brief is granted, and on or before March 21, 2013, the respondents shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellants' time to serve and file a reply brief is enlarged until April 5, 2013, and the appellants' reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., AUSTIN, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

Pastrana v. Cutler

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Mar 1, 2013
2013 N.Y. Slip Op. 66199 (N.Y. App. Div. 2013)
Case details for

Pastrana v. Cutler

Case Details

Full title:Robin Pastrana, et al., respondents, v. Helaine Atlas Cutler, et al.…

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

Date published: Mar 1, 2013

Citations

2013 N.Y. Slip Op. 66199 (N.Y. App. Div. 2013)