Appellate Division: Second Judicial Department

M192202

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2014-07557 In the Matter of Lawrence S. Wilson, petitioner- respondent, v New York City Department of Housing Preservation and Development, et al., respondents-appellants, et al., respondents; Nickita Skopelitis, et al., intervenors-appellants. (Index No. 5384/14)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent, inter alia, to dismiss appeals from an order of the Supreme Court, Kings County, dated June 11, 2014, on the ground that the joint record is inadequate, to strike the intervenors-appellants' brief or stated portions thereof on the ground that it refers to matter dehors the record and contains improper arguments, to impose a sanction upon the attorney for the intervenors-appellants, and to enlarge his time to serve and file a brief. Cross motion by the intervenors-appellants to correct the joint record and for leave to serve and file a supplemental joint record. Application by the petitioner-respondent 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 cross 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 cross motion is granted, and on or before September 11, 2015, the intervenors-appellants shall correct the copies of the joint record filed with the Clerk of the Court by replacing the document on page 94 with a legible copy of that document, and shall serve and file a supplemental joint record containing the following documents: verified answer of Cadman Plaza North, Inc., and Douglas Elimann Property Management dated May 28, 2014; reply affidavit of Lawrence S. Wilson sworn to on June 10, 2014, with annexed exhibits, in response to the opposition by New York City Department of Housing Preservation and Development; and reply affidavit of Lawrence S. Wilson sworn to on June 10, 2014, with annexed exhibits, in response to the opposition by Cadman Plaza North, Inc., and Douglas Elimann Property Management; and it is further,

ORDERED that the branch of the motion which is to strike the intervenors-appellants' brief or stated portions thereof on the ground that it refers to matter dehors the record and contains improper arguments 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 application and the branch of the motion which is to enlarge the petitioner-respondent's time to serve and file a brief are granted, the petitioner-respondent's time to serve and file a brief is enlarged until October 13, 2015, and the petitioner-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., ROMAN, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court