Appellate Division: Second Judicial Department

M184696

E/ct

PETER B. SKELOS, J.P.

MARK C. DILLON

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2013-09794 Donald Rozz, appellant, v Law Offices of Saul Kobrick, P.C., et al., respondents. (Index No. 8019/12)

DECISION & ORDER ON MOTION

Motion by the respondent NHPI, LLC, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated September 18, 2013, on the ground that the appendix is inadequate and does not comply with the rules of the Court, and to strike the appellant's brief or stated portions of the brief on the ground that the brief contains "scandalous statements and accusations against [its] counsel." Separate applications by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, upon the papers filed in support of the applications by the respondent Law Offices of Saul Kobrick, P.C., and the respondent NHPI, LLC, and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application by the respondent Riesterer's Bakery, Inc., and the papers filed in relation thereto, it is

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the applications are granted, the respondents' time to serve and file their respective briefs is enlarged until January 21, 2015, and the respondents' briefs must be served and filed on or before that date.

SKELOS, J.P., DILLON, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court