Appellate Division: Second Judicial Department

M213767

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2016-01258 Waterfalls Italian Cuisine, Inc., et al., appellants, v Robert P. Tamarin, et al., defendants, Venetian Circle, LLC, respondent (and a third-party action). (Index No. 103199/12)

DECISION & ORDER ON MOTION

Motion by the respondent to strike pages 974 through 992 from the record on an appeal from an order of the Supreme Court, Richmond County, dated January 5, 2016, or, in the alternative, to enlarge the record to include a certain letter dated December 21, 2015, and to enlarge its time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the matter is remitted to the Supreme Court, Richmond County, to report on whether that court considered the sur-reply letter dated December 21, 2015, sur-reply affidavit also dated December 21, 2015, and annexed exhibits, contained on pages 974 through 992 of the record on appeal in determining the motion that resulted in the order dated January 5, 2016; the Supreme Court, Richmond County, shall file its report with all convenient speed; and it is further,

ORDERED that the motion is held in abeyance in the interim.

DILLON, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court