Appellate Division: Second Judicial Department

M219661

E/sl

RANDALL T. ENG, P.J.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2015-11381 Jerry A. Grasso, Jr., appellant, v New York State Thruway Authority, respondent. (Action No. 1) John Sullivan, Jr., appellant, v New York State Thruway Authority, respondent. (Action No. 2) Cathy Marl, appellant, v New York State Thruway Authority, respondent. (Action No. 3) Louis Centolanza, appellant, v New York State Thruway Authority, respondent. (Action No. 4) (Claim Nos. 109470, 109471, 109472, 109473)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike the appellants' appendix on an appeal from an order of the Court of Claims, dated June 22, 2015, on the ground that it is inadequate, to strike the appellants' brief on the ground that it refers to matter dehors the record, and to enlarge the time to serve and file a brief. Application by the 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 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 to strike the appellants' appendix is granted to the extent that on or before November 28, 2016, the appellants shall serve and file a supplemental appendix containing the respondent's motion for summary judgment as well as any opposition papers or reply papers filed in connection with that motion; and it is further,

ORDERED that the branch of the motion which is to strike the appellants' brief on the ground that it refers to matter dehors the record is granted, and on or before November 28, 2016, the appellants shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief and the application for that relief are granted, the respondent's time to serve and file a brief is enlarged until December 28, 2016, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court