Appellate Division: Second Judicial Department

M127992

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2010-09819 Chaya Rinberg, et al., appellants, v RGI Properties, Inc., et al., defendants, Chapel Hill Estates Association, Inc., respondent. (Index No. 06-22732)

DECISION & ORDER ON MOTION

Motion by the respondent to preclude the appellants from filing a supplemental appendix on an appeal from an order of the Supreme Court, Westchester County, dated September 7, 2010, and to strike the appellants' reply brief on the ground that it refers to the appellants' proposed supplemental appendix. Application by the appellants for leave to file a supplemental appendix.

Upon the papers filed in support of the 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 branch of the motion which is to preclude the appellants from filing a supplemental appendix is denied; and it is further,

ORDERED that the branch of the motion which is to strike the appellants' reply brief on the ground that it refers to the appellants' proposed supplemental appendix is granted, and on or before November 7, 2011, the appellants shall serve and file a replacement reply brief that does not refer to the appellants' proposed supplemental appendix; and it is further,

ORDERED that the application is dismissed without prejudice to making a motion for that relief (see CPLR 8022[b]).

ANGIOLILLO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court