Appellate Division: Second Judicial Department

M180342

E/htr

PETER B. SKELOS, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2014-01227, 2014-01283 In the Matter of North Oyster Bay Baymen's Association, et al., respondents-appellants, v Town of Oyster Bay, et al., respondents, Frank M. Flower & Sons, Inc., appellant- respondent. (Index No. 9210/11)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants to strike the respondent's brief or stated portions of that brief on appeals and cross appeals from a judgment of the Supreme Court, Nassau County, dated October 31, 2013, and an order of the same court dated July 2, 2013, and to enlarge the time to serve and file their reply 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 strike the respondent's brief or stated portions of that brief is granted to the extent that pages 3 through 20 and page 27 of the respondent's brief are stricken, and on or before November 20, 2014, the respondent shall either remove the stricken material from the copies of that brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain the stricken material, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents-appellants' time to serve and file their reply brief is granted, the respondents-appellants' time to serve and file their reply brief is enlarged until December 5, 2014, and the reply brief must be served and filed on or before that date.

SKELOS, J.P., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court