74 Eldert, LLC v Sharp
Motion No: 2014-02941
Slip Opinion No: 2015 NY Slip Op 78498(U)
Decided on July 8, 2015
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M195120

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

JOSEPH J. MALTESE, JJ.

2014-02941

74 Eldert, LLC, plaintiff-respondent,

v Linda Sharp, et al., defendants third-party

plaintiffs-appellants, et al., defendants;

Kalman Sinay, et al., third-party defendants-

respondents.

(Index No. 503266/13)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent and the third-party defendants-respondents to strike the defendants third-party plaintiffs-appellants' appendix on an appeal from an order of the Supreme Court, Kings County, dated January 17, 2014, on the ground that it is inadequate and contains matter dehors the record, or alternatively, to direct the defendants third-party plaintiffs-appellants to serve and file a supplemental appendix. Application by the plaintiff-respondent and the third-party defendants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that the defendants third-party plaintiffs-appellants' appendix is stricken and on or before August 7, 2015, the defendants third-party plaintiffs-appellants' shall serve and file a replacement appendix that does not contain the material on pages AA.518 through AA.749 and AA.767 through AA.772 of the original appendix, and the motion is otherwise denied; and it is further,

ORDERED that the application is granted, and the time of the plaintiff-respondent and the third-party defendants-respondents to serve and file a brief is enlarged until September 8,

2015, and the brief of the plaintiff-respondent and the third-party defendants-respondents must be served and filed on or before that date.

SKELOS, J.P., LEVENTHAL, SGROI and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court