Calabrese v AJG Parkview Corp.
Motion No: 2016-13420
Slip Opinion No: 2017 NY Slip Op 89174(U)
Decided on October 16, 2017
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M239329

E/afa

JOHN M. LEVENTHAL, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2016-13420, 2016-13456

James Calabrese, etc., respondent-appellant,

v AJG Parkview Corp., appellant-respondent.

(Action No. 1)

AJG Parkview Corp., etc., appellant-respondent,

Parkview at Salisbury, LLC, et al., respondents-

appellants.

(Action No. 2)

(Index Nos. 602920/15, 603044/15)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants, in effect, for leave to serve and file a replacement brief on an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered December 12, 2016, and an appeal from an order of the same court entered September 8, 2016.

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 motion is granted, the respondents-appellants' brief is stricken, and the respondents-appellants shall serve and file a replacement brief on or before November 13, 2017; and it is further,

ORDERED that on the Court's own motion, the appellant-respondent's time to serve and file a reply brief is enlarged until December 14, 2017, and the reply brief, if any, shall be served and filed on or before that date.

LEVENTHAL, J.P., BARROS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court