Appellate Division: Second Judicial Department

M229273

E/sl

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ.

2016-08134 Jeffrey Hatten, respondent, v Bruce G. Behrins, et al., appellants. (Index No. 15702/12)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of a second amended judgment of the Supreme Court, Kings County, dated June 17, 2016, pending hearing and determination of an appeal therefrom. Separate motion by the respondent to strike stated portions of the appellants' brief, inter alia, on the ground that they refer to matter dehors the record and to enlarge the time to serve and file a brief. Application by the respondent to dismiss the appeal on the ground that the record on appeal is inadequate.

Upon the papers filed in support of the motions 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 appellants' motion is denied; and it is further,

ORDERED that the branch of the respondent's motion which is to strike stated portions of the appellants' brief 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 branch of the respondent's motion which is to enlarge the time to serve and file a brief is denied as academic as the respondent's brief was timely served and filed; and it is further,

ORDERED that the application is dismissed without prejudice to making a motion for that relief.

CHAMBERS, J.P., HALL, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court