Appellate Division: Second Judicial Department

M201834

W/ct

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-03594 In the Matter of Clifford L. Curlin, Jr., et al., respondents, v Clove Lane Homeowners Association, Inc., et al., appellants. (Index No. 80182/13)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from a judgment of the Supreme Court, Richmond County, entered February 11, 2015, in effect, to strike portions of the appellants' brief on the ground that they raise issues not properly before this Court and for a 60-day enlargement of time to serve and file a brief on the appeal. Separate application by the respondents pursuant to 22 NYCRR 670.8(d)(2) for a 60-day enlargement of time.

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 branch of the motion which is, in effect, to strike portions of the appellants' brief 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 branch of the motion which is for a 60-day enlargement of time to serve and file the brief on the appeal and the application are granted to the extent that the respondents' time to serve and file a brief is enlarged until December 23, 2015, the respondents' brief must be served and filed on or before that date, and that branch of the motion and the application are otherwise denied.

BALKIN, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court