Appellate Division: Second Judicial Department

M220191

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2016-00512 Keyspan Gas East Corporation, etc., plaintiff- respondent, v Supervisor of Town of North Hempstead, et al., defendants third-party plaintiffs-respondents; County of Nassau, et al., third-party defendants-appellants. (Index No. 8194/10)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-respondents to strike pages 362 through 400 of the record on an appeal from an order of the Supreme Court, Nassau County, dated May 7, 2015, and stated portions of the third-party defendants-appellants' brief on the ground that they contain or refer to matter dehors the record. Cross motion by the third-party defendants-appellants 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 cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion 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 third-party defendants-appellants' time to serve and file a reply brief is enlarged until November 7, 2016, and the reply brief must be served and filed on or before that date.

BALKIN, J.P., HALL, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court