Appellate Division: Second Judicial Department

M159016

E/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2013-01415, 2013-01714, 2013-02356 47 Thames Realty, LLC, appellant-respondent, v Ellen Robinson, et al., respondents-appellants. (Index No. 22227/06)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants to supplement the joint appendix on appeals and cross appeals from two orders the Supreme Court, Kings County, dated October 23, 2012, and November 30, 2012, respectively, and a judgment of the same court dated January 2, 2013, to strike stated portions of the appellant-respondent's brief, and to enlarge the time to serve and file a brief.

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 supplement the joint appendix is denied as unnecessary as the respondents-appellants may serve and file a joint appendix containing documents that are properly part of the record; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the appellant-respondent's brief is denied without prejudice to the respondents-appellants' raising the issue in their brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief granted, and the respondents-appellants shall serve and file their answering brief, including its points of argument on the cross appeal, on or before August 8, 2013 (see 22 NYCRR 670.8[c][3]).

SKELOS, J.P., DICKERSON, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court