Appellate Division: Second Judicial Department

M229285

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2016-05032 Michael Meagher, et al., plaintiffs, v Drew Doscher, appellant, 148 South Emerson Partners, LLC, respondent. (Action No. 1) Michael J. Meyer, etc., et al., plaintiffs, v 148 South Emerson Associates, LLC, respondent, Drew Doscher, appellant. (Action No. 2) (Index No. 605850/15)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated April 15, 2016, inter alia, for leave to reargue its prior motion to dismiss the appeal, which was determined by decision and order on motion of this Court dated January 25, 2017.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to reargue is granted, upon reargument, the decision and order on motion of this Court dated January 25, 2017,\ is recalled and vacated, the prior motion to dismiss the appeal is granted to the extent that the appellant's replacement brief is stricken, on or before May 12, 2017, the appellant shall serve and file a replacement brief which does not refer to the material stricken from the record on appeal and which raises only issues raised in the original brief filed on June 29, 2016, the prior motion is otherwise denied, and the motion is otherwise denied.

DILLON, J.P., ROMAN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court