Opinion
Motion No: 2011-01033 Index No. 1758/09 M125006
08-29-2011
Eudora Waynes, appellant, v. BJ's Wholesale Club, Inc., etc., et al., respondents.
, J.P.
MARK C. DILLON
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
DECISION & ORDER ON MOTION
Motion by the respondents, inter alia, to strike the appellant's brief and to strike stated portions of the record on an appeal from an order of the Supreme Court, Nassau County, entered December 14, 2010, on the ground that they refer to or contain matter dehors the record, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to strike the appellant's brief is granted and the branch of the motion which is to strike stated portions of the record is granted to the extent that pages 32 through 141 and 499 through 707 of the record are stricken, and on or before September 26, 2011, the appellant shall serve and file a replacement record that does contain the material stricken from the record and a replacement brief that does not refer to said material; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is denied as premature; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., DILLON, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court