Appellate Division: Second Judicial Department

M76871

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2007-10703, 2007-10706 Seth Feinberg, et al., respondents, v SLS Residential, Inc., et al., appellants. (Index No. 07-13007)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Westchester County, dated August 9, 2007, and October 11, 2007, respectively, to strike the respondents' brief or stated portions of the respondents' brief on the ground the brief or portions thereof refer to matter dehors the record, for leave to file a supplemental record containing certain documents, to enlarge the time to serve and file a reply brief, and for an award of costs.

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

ORDERED that the branch of the motion which is to strike the respondents' brief or stated portions of the respondents' brief 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 motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until October 22, 2008, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

FISHER, J.P., COVELLO, McCARTHY and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court