Opinion
Motion No. CA 23-00411
05-16-2023
MATTER OF EDWARD SCHNEIDER, III, PETITIONER-APPELLANT, v. TOWN OF EVANS, RESPONDENT-RESPONDENT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.
Respondent having moved to strike the record on appeal or, in the alternative, to strike certain documents contained in the record and, to enlarge the record to include other documents, for an extension of time to file the respondent's brief, and for other relief on the appeal taken herein from an order of the Supreme Court, Erie County, entered February 27, 2023, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that the motion insofar as it pertains to the content of the record on appeal is denied without prejudice to a motion to re-settle the record in Supreme Court (see 22 NYCRR 1250.7 [g] [3]; 1000.7 [b]; Stewart v Soda, 239 A.D.2d 966 [4th Dept 1997]), and
It is further ORDERED that the motion insofar as it seeks an extension of time to file a respondent's brief is granted on the condition that the brief is filed and served in accordance with this Court's rules on or before June 21, 2023, and
It is further ORDERED the motion insofar as it seeks other relief is denied.