Appellate Division: Second Judicial Department

M130256

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2010-05428 In the Matter of Village of Chestnut Ridge, et al., respondents-appellants, v Town of Ramapo, et al., appellants-respondents, et al., respondents. (Index No. 04-16876)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents Town of Ramapo, Town Board of Town of Ramapo, Planning Board of Town of Ramapo, and Board of Appeals of Town of Ramapo and separate motion by the appellant-respondent Mosdos Chofetz Chaim, Inc., to strike the respondents-appellants' brief on appeals and a cross appeal from a judgment of the Supreme Court, Westchester County, dated February 18, 2010, on the ground that it refers to matter dehors the record. Application by the appellant-respondent Mosdos Chofetz Chaim, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief. Separate application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motions 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 motions are granted to the extent that the paragraph beginning on page 3 with the words "Mosdas, as stated" and ending on page 4 with the words "compliance with SEQRA" and the material beginning on page 28 with the heading "Respondents Violate Judgment" and ending on page 32 with the words "prepare the requisite EIS" are stricken from the respondents-appellants' brief, and on or before December 22, 2011, the respondents-appellants shall remove the stricken material from the copies of their brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain the stricken material, and the motions are otherwise denied; and it is further,

ORDERED that the application of the appellant-respondent Mosdos Chofetz Chaim, Inc., is granted, the time of appellant-respondent Mosdos Chofetz Chaim, Inc., to serve and file a reply brief is enlarged until January 13, 2012, and the reply brief shall be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants' application is granted, the respondents-appellants' time to serve and file a reply brief is enlarged until January 30, 2012, and the reply brief shall be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court