Appellate Division: Second Judicial Department

M54207

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-05838 J-Mar Service Center, Inc., et al., appellants, v Mahoney, Connor & Hussey, et al., defendants, Donal M. Mahoney, et al., respondents. (Index No. 7132/02)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered April 19, 2006, to strike stated portions of the brief and appendix filed by the respondent Dennis S. Connor and the brief filed by the respondent Donal M. Mahoney and Brian M. Hussy, to enlarge the time to serve and file a reply brief, and for leave to file an oversized reply brief. Application by the appellants to strike stated portions of the brief of the respondent Peter T. Connor.

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

ORDERED that the branch of the motion which is to strike stated portions of the brief and appendix filed by the respondent Dennis S. Connor and the brief filed by the respondent Donal M. Mahoney and Brian M. Hussy and the application to strike portions of the brief of the respondent Peter T. Connor are denied; 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 May 23, 2007, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is for leave to file an oversized reply brief is denied without prejudice to making an application pursuant to 22 NYCRR 670.10.3(e).

CRANE, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court