Rinberg v RGI Properties, Inc.
Motion No: 2010-09819
Slip Opinion No: 2011 NY Slip Op 93950(U)
Decided on December 29, 2011
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M130945

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, 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 appellants to enlarge the record on an appeal from an order of the Supreme Court, Westchester County, dated September 7, 2010, to include the material contained in their proposed supplemental appendix, and to extend their time to comply with a decision and order on motion of this Court dated October 28, 2011.

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 enlarge the record is denied; and it is further,

ORDERED that the branch of the motion which is extend the time to comply with the decision and order on motion of this Court dated October 28, 2011, is granted, and on or before January 17, 2012, the appellants shall serve and file a replacement reply brief that does not refer to the appellants' proposed supplemental appendix.

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

ENTER:

Aprilanne Agostino

Clerk of the Court