Appellate Division: Second Judicial Department

M130761

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-00813 Esther Zernitsky, et al., respondents, v Nancy Shurka, et al., appellants. (Index No. 15859/09)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to strike stated portions of the appellants' brief on an appeal from an order of the Supreme Court, Nassau County, dated January 3, 2011, on the ground that they improperly raise arguments for the first time on appeal, to direct the appellants to file a replacement record, and to enlarge the time to serve and file a brief. Cross motion by the appellants, inter alia, to impose a sanction upon the respondents for making a frivolous motion.

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

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until January 23, 2012, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the reply brief shall be served and filed in accordance with the rules of the Court (see 22 NYCRR 670.8[b]); and it is further,

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

ORDERED that the cross motion is denied.

SKELOS, J.P., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court