Appellate Division: Second Judicial Department

M136227

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2010-04263, 2010-10088, 2010-10089 West Vernon Petroleum Corp., appellant- respondent, v Singer Holding Corp., defendant, Almeida Oil Co., Inc., et al., respondents-appellants. (Appeal No. 1) West Vernon Petroleum Corp., respondent, v Singer Holding Corp., defendant, Almeida Oil Co., Inc., et al., appellants. (Appeal Nos. 2 and 3) (Index No. 04-12514)

DECISION & ORDER ON MOTION

Motion by West Vernon Petroleum Corp. on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered April 5, 2010, and appeals from two orders of the same court entered October 1, 2010, and September 15, 2011, respectively, to strike stated portions of the replacement brief filed by Almeida Oil Co., Inc., West Vernon Energy Corp., Robert F. Almeida, and Robert B. Almeida, in connection with the appeal and cross appeal from the order entered April 5, 2010, on the ground that they raise issues not properly before this Court, to enlarge the time to serve and file a reply brief in connection with the appeal and cross appeal from the order entered April 5, 2010, and for an award of costs and an attorney's fee. Cross motion by Almeida Oil Co., Inc., West Vernon Energy Corp., Robert F. Almeida, and Robert B. Almeida to enlarge the time to serve and file a reply brief in connection with the appeal from the order entered April 5, 2010, and a reply brief in connection with the appeals from the two orders entered October 1, 2010, and September 15, 2011, respectively, to impose a sanction upon West Vernon Petroleum Corp., and for an award of costs and an attorney 's fee.

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

ORDERED that the branch of the motion which is to strike stated portions of the replacement brief on the ground that they raise issues not properly before this Court is denied without prejudice to addressing this claim in the reply brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief in connection with the appeal and cross appeal from the order entered April 5, 2010 (Appellate Division Docket No. 2010-04263), is granted, and the reply brief of West Vernon Petroleum Corp. shall be served and filed on or before May 29, 2012; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time of Almeida Oil Co., Inc., West Vernon Energy Corp., Robert F. Almeida, and Robert B. Almeida to serve and file a reply brief in connection with the appeal and cross appeal from the order entered April 5, 2010, is denied as premature; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a reply brief in connection with the appeals from the orders entered October 1, 2010, and September 15, 2011, respectively (Appellate Division Docket No. 2010-10088, 2010-10089), is granted, and the reply brief of Almeida Oil Co., Inc., West Vernon Energy Corp., Robert F. Almeida, and Robert B. Almeida shall be served and filed on or before April 30, 2012; and it is further,

ORDERED that the motion and cross motion are otherwise denied.

ANGIOLILLO, J.P., DICKERSON, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court