Appellate Division: Second Judicial Department

M221860

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2016-04539 Long Island Capital Management Corp., respondent-appellant, v Silver Sands Motel, Inc., et al., appellants-respondents, et al., defendants. (Index No. 8385/15)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to strike stated portions of the respondent-appellant's brief on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, entered April 6, 2016, on the ground it improperly raises arguments for the first time on appeal based on matter dehors the record. Application by the appellants-respondents 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 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 application is granted, the appellants-respondents' time to serve and file a reply brief is enlarged until December 23, 2016, and the record or appendix on the appeal and cross appeal the appellants-respondents' reply brief must be served and filed on or before that date.

RIVERA, J.P., CHAMBERS, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court