Concord Associates Lp et v Ept Concord LLC et

Motion No: 519886

Slip Opinion No: 2015 NY Slip Op 66901(U)

Decided on March 12, 2015

Appellate Division, Third Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Decided and Entered: March 12, 2015519886

___________________________________

CONCORD ASSOCIATES LP et al.,                      
                                                       Appellants,
           v                      DECISION AND ORDER
                      ON MOTION
EPT CONCORD LLC et al.,
                                                       Respondents.
___________________________________

Motion to strike portions of record on appeal and appellate brief, for extension of time to file responding brief and for counsel fees.

Cross motion to enlarge record on appeal.

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 motion to strike and the cross motion to enlarge the record on appeal are denied, without costs, and without prejudice to the issues involved being raised upon the argument of the appeal, and it is further

ORDERED that the motion for an extension of time to file the responding brief is granted, without costs, and the time is extended to March 27, 2015, and it is further

ORDERED that the motion for counsel fees is denied, without costs.
Peters, P.J., McCarthy, Lynch and Clark, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court