Appellate Division: Second Judicial Department

M223060

E/sl

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2015-10744, 2016-04084 Eugene Kverel, et al., respondents, v Town of Southampton, et al., defendants, Philip Silverman, appellant. (Index No. 5226/15)

DECISION & ORDER ON MOTION

Motion by the respondents for the Court to take judicial notice of certain deeds on an appeal from an order of the Supreme Court, Suffolk County, dated August 25, 2015, and for leave to serve and file a supplemental record containing certain material. Cross motion by the appellant to strike the respondents' brief or stated portions of the respondents' brief on the ground that they refer to matter dehors the record, and to enlarge the time to serve and file a reply brief. Application by the appellant 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 cross 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 for the Court to take judicial notice of certain deeds is denied; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file a supplemental record containing certain material is granted, and on or before January 3, 2017, the respondents shall serve and file a supplemental record containing the drawing with notations, which is annexed to the motion papers as Exhibit B; and it is further,

ORDERED that the branch of the cross motion which is to strike stated portions of the respondents' brief is granted, the sentence beginning at the bottom of page 2 with the words "And, in fact," and ending at the top of page 3 with the words "of the Code," the paragraph beginning at the bottom of page 33 with the words "And, in fact," and ending on page 34 with the citation "Brandes Meat Corp v Cromer, 146 AD2d 666,667, 537 N.Y.S.2d 177, 178 (2d Dep't 1989)." and footnote 7 on page 34 are stricken, and on or before January 3, 2017, the respondents shall remove the stricken material from the copies of the brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain the stricken material; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the appellant's time to serve and file a reply brief and the application for that relief are granted, the appellant's time to serve and file a reply brief is enlarged until January 17, 2017, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is otherwise denied.

AUSTIN, J.P., COHEN, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court