Appellate Division: Second Judicial Department

M185263

E/ct

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 respondent Town of Oyster Bay 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, for leave to reargue the branch of the respondents-appellants' prior motion which was to strike the brief of the respondent Town of Oyster Bay or stated portions of that brief, which was determined by decision and order on motion of this Court dated October 22, 2014, or to extend its time to comply with the decision and order on motion of this Court dated October 22, 2014, and to strike pages 25 through 33 of the respondents-appellants' brief on the ground that it improperly raises arguments for the first time on appeal.

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 for leave to reargue is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to comply with the decision and order on motion of this Court dated October 22, 2014, is granted, and on or before February 13, 2015, the respondent Town of Oyster Bay shall either remove pages 3 through 20 and page 27 of from the copies of its brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain that material; and it is further,

ORDERED that the branch of the motion which is to strike pages 25 through 33 of the respondents-appellants' brief on the ground that it improperly raises arguments for the first time on appeal is held in abeyance and referred to the panel of Justices hearing the appeals and cross appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the respondents-appellants' time to serve and file their reply brief is enlarged until March 2, 2015, and the reply brief, if any, 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