Appellate Division: Second Judicial Department

M204493

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2014-10656, 2014-10659 Joka Industries, Inc., appellant, v Doosan Infracore America Corporation, et al., respondents. (Index No. 9653/10)

DECISION & ORDER ON MOTION

Motion by the respondents to enlarge the record on appeals from two orders of the Supreme Court, Suffolk County, dated August 12, 2013, and February 11, 2014, respectively, to include a certain stipulation of the parties dated January 23, 2015, or, in the alternative, in effect, to dismiss the appeal from so much of the order dated February 11, 2014, as denied the appellant's motion for summary judgment on its first, second, fourth, and sixth causes of action on the ground that the stipulation precludes appellate review of that portion of the order. Cross motion by the appellant to enlarge the time to serve and file a reply brief.

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 branch of the motion which is to enlarge the record is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal 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 cross motion is granted, the appellant's time to serve and file a reply brief is enlarged until January 21, 2016, and the reply brief must be served and filed on or before that date.

DILLON, J.P., HALL, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court