Appellate Division: Second Judicial Department

M193603

E/sl

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2013-09735 In the Matter of AAA Carting and Rubbish Removal, Inc., appellant, v Town of Clarkstown, et al., respondents. (Index No. 2882/12)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Putnam County, dated July 26, 2013, to strike stated portions of the respondents' briefs on the ground that they refer to matter dehors the record and improperly raise arguments for the first time on appeal, for an award of an attorney's fee, and to enlarge the time to serve and file a reply brief. Separate cross motions by the respondents, inter alia, to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record and improperly raise arguments for the first time on appeal.

Upon the papers filed in support of the motion and the cross motions and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to strike stated portions of the respondents' briefs on and the branches of the cross motions which are to strike stated portions of the appellant's brief are 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 branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until June 22, 2015, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion and the cross motions are otherwise denied.

CHAMBERS, J.P., HALL, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court