Opinion
2012-07418 Index No. 12520/08 M157976
07-02-2013
Pedro Vargas, etc., et al., respondents, v. Crown Container Co., Inc., et al., appellants, et al., defendant.
, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
Motion by the appellants to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 20, 2012. Cross motion by the respondents, inter alia, to strike stated portions of the record on the ground that it contains matter dehors the record, to strike the appellants' brief on the ground that it refers to matter dehors the record or improperly raises arguments for the first time on appeal, and for an award of costs. Application by the respondents 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 motion and the cross motion, and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is to strike stated portions of the record on the ground that it contains matter dehors the record is denied as academic in light of the decision and order on motion of this Court dated February 13, 2013; and it is further,
ORDERED that the branch of the cross motion which is to strike the appellants' brief on the ground that it refers to matter dehors the record is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the cross motion which is to strike the appellants' brief on the ground that it improperly raises arguments for the first time on appeal is denied without prejudice to the respondents addressing this issue in their brief; and it is further,
ORDERED that the cross motion is otherwise denied; and it is further,
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 1, 2013, and the respondents' brief must be served and filed on or before that date.
SKELOS, J.P., HALL, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court