Appellate Division: Second Judicial Department

M204519

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2015-03126, 2015-06745 Slocum Realty Corp., et al., appellants, v Richard Schlesinger, et al., respondents. (Index No. 14458/10)

DECISION & ORDER ON MOTION

Motion by the respondents to strike pages 22 through 29 of the appellants' brief on appeals from a judgment of the Supreme Court, Nassau County, dated December 18, 2014, and an order of the same court dated March 17, 2015, on the ground that the appellants waived their right to review of the issue raised on those pages by withdrawing their prior appeal from an order of the same court dated October 11, 2012, and to strike other portions of the appellants' brief on the ground that they refer to matter dehors the record. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply 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 the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to strike pages 22 through 29 of the appellants' brief is denied; and it is further,

ORDERED that the branch of the motion which is to strike portions of the appellants' brief that refer to matter dehors the record is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the application is granted, the appellants' time to serve and file a reply brief is enlarged until January 26, 2016, and the reply brief shall be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court