PRESENT: SMITH, J.P., CENTRA, CARNI, CURRAN, AND TROUTMAN, JJ.

DOCKET NO. CA 16-01844

PRIMAX PROPERTIES, LLC, PLAINTIFF-RESPONDENT, V MONUMENT AGENCY, INC., MARLENE KERNAN, WATERBURY SQUARE, INC., FORMERLY KNOWN AS 107 RIVER STREET, INC., DEFENDANTS-APPELLANTS, AND PETER C. EARLE, DEFENDANT-RESPONDENT.

Plaintiff having moved to enlarge the record on the appeal taken herein from an order and judgment of Supreme Court entered in the Office of the Clerk of the County of Oneida on August 9, 2016, and to strike certain pages of appellants' brief,

Now, upon reading and filing the affirmations of Scott C. Paton, Esq., dated June 21, 2017, and July 18, 2017, the notice of motion with proof of service thereof, and the affirmation of Leighton R. Burns, Esq., and James M. Kernan, Esq., dated July 17, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as unnecessary insofar as it seeks to enlarge the record on appeal, and

It is further ORDERED that plaintiff shall file eleven copies and serve two copies on all parties, page three of Terence G. Carle's affidavit on or before September 18, 2017, and the Clerk is directed to accept the document for filing, and

It is further ORDERED that the motion is denied insofar as it seeks to strike certain aspects of appellants' brief without prejudice and leave to renew any arguments in support of and in opposition to this aspect of the motion at oral argument.

Entered: September 6, 2017

Frances E. Cafarell, Clerk