Opinion
Motion No: 2010-09969 Index No. 18527/07 M124424
10-19-2011
Eric Reisner, respondent-appellant, v. Litman & Litman, P.C., et al., appellants- respondents.
, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent-appellant, inter alia, to strike the appellants-respondents' brief on an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered September 16, 2010, on the ground that it refers to matter dehors the record, and to dismiss the appeal on the ground that the joint record contains matter dehors the record. By decision and order on motion of this Court dated June 28, 2011, the matter was remitted to the Supreme Court, Nassau County, to report on whether page 38 of the EBT transcript of the testimony of Sheila Dukacz was attached to the appellants-respondents' motion papers, or whether the court otherwise reviewed that page of the EBT transcript, in determining the motion that resulted in the order entered September 16, 2010, and the respondent-appellant's motion was held in abeyance in the interim. The Supreme Court, Nassau County, has issued its report dated July 7, 2011. Separate motion by the respondent-appellant to enlarge the time to serve and file an answering brief, including his points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).
Upon the papers filed in support of the motion, inter alia, to strike the appellants-respondents' brief, the papers filed in opposition thereto, and the report of the Supreme Court, Nassau County, dated July 7, 2011, and upon the papers filed in support of the motion to enlarge the time to serve and file the answering brief, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to strike the appellants-respondents' brief or to dismiss the appeal is granted to the extent that on or before November 2, 2011, the appellants-respondents shall remove page 193.1 from the copies of the record filed with the Clerk of the Court and shall change the page citation on page 19 of the copies of the appellants-respondents' brief filed with the Clerk of the Court from 193.1 to 211, and the motion is otherwise denied; and it is further,
ORDERED that the motion to enlarge the time to serve and file the answering brief is granted, and the respondent-appellant shall serve and file an answering brief, including points of argument on the cross appeal, on or before November 21, 2011 (see 22 NYCRR 670.8[c][3]).
DILLON, J.P., CHAMBERS, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court