Appellate Division: Second Judicial Department

M122125

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-04991, 2010-04993, 2010-11602 Parviz Noghrey, respondent, v Town of Brookhaven, et al., appellants. (Index No. 18557-01)

DECISION & ORDER ON MOTION

Motion by the appellants to strike Point I of the respondent's brief on appeals from an order of the Supreme Court, Suffolk County, dated February 11, 2010, a judgment of the same court dated May 7, 2010, and an order and amended judgment (one paper) of the same court dated September 20, 2010, and to enlarge the time to serve and file a reply brief. Cross motion by the respondent for leave to reargue and renew the respondent's prior motion to dismiss the appeals on the ground that the appellants failed to properly settle the trial transcript, which was determined by decision and order on motion of this Court dated April 27, 2011. Separate motion by the appellants to extend their time to comply with the decision and order on motion dated April 27, 2011, to enlarge their time to serve and file a reply brief, and for an award of costs and to impose a sanction upon the respondent.

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

ORDERED that the branch of the motion which is to strike Point I of the respondent's brief is denied; and it is further,

ORDERED that the branches of the motions which are to enlarge the time to serve and file a reply brief are granted, the appellants' time to serve and file a reply brief is enlarged until July 12, 2011, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied; and it is further,

ORDERED that the branch of the motion which is to extend the appellants' time to comply with the decision and order on motion of this Court dated April 27, 2011, is granted to the extent that the appellants' time to comply with the decision and order on motion of this Court dated April 27, 2011, is extended until two weeks after service with notice of entry upon the respondent of a copy of the order of the Supreme Court, Suffolk County, certifying the correctness of the transcript or two weeks after the execution by the parties of a stipulation settling the transcript, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is for an award of costs and to impose a sanction upon the respondent is denied.

DILLON, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court