Appellate Division: Second Judicial Department

M221393

E/afa

L. PRISCILLA HALL, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2016-05648 Emigrant Bank, formerly known as Emigrant Savings Bank, respondent, v Wang Real Property, LLC, et al., appellants, et al., defendants. (Index No. 704061/14)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the appellants' brief on an appeal from an order of the Supreme Court, Queens County, dated April 29, 2016, to set a date for the appellants to serve and file a replacement brief, to enlarge the time to serve and file its brief, and to impose a sanction upon the appellants' counsel. Cross motion by the appellants for leave to file an oversized brief or, in effect, for leave to serve and file a replacement 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 respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until December 16, 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; and it is further,

ORDERED that the branch of the cross motion which is for leave to file an oversized brief is granted, and the cross motion is otherwise denied as academic.

HALL, J.P., HINDS-RADIX, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court