| Foxstone Group, LLC v Calvary Pentecostal Church, Inc., also known as |
| Motion No: 2016-12534 |
| Slip Opinion No: 2017 NY Slip Op 91834(U) |
| Decided on November 9, 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. |
Appellate Division: Second Judicial Department
M240988
E/ct
RANDALL T. ENG, P.J.
LEONARD B. AUSTIN
SHERI S. ROMAN
FRANCESCA E. CONNOLLY, JJ.
|
2016-12534 Foxstone Group, LLC, et al., plaintiffs/counterclaim defendants-appellants, v Calvary Pentecostal Church, Inc., also known as Calvary Pentecostal Cathedral of Praise, defendant/counterclaim plaintiff-respondent, Marcus Roberts, defendant-respondent; Jason Bauer, et al., counterclaim defendants-appellants. (Index No. 501142/16)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated November 17, 2016, for failure to comply with a decision and order on motion of this Court dated August 14, 2017, to hold the appellants in contempt, and to impose a sanction upon the appellants or, in the alternative, to direct the appellants to comply with the decision and order on motion of this Court dated August 14, 2017, to enlarge the respondents' time to serve and file a brief, and to award the respondents costs and an attorney's fee. Cross motion by the appellants to extend the time to comply with the decision and order on motion of this Court dated August 14, 2017.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to direct the appellants to comply with the decision and order on motion of this Court dated August 14, 2017, and the cross motion are granted, and on or before November 27, 2017, the appellants shall remove pages A215 through A218 from the copies of the appellants' appendix filed with the Clerk of this Court; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until December 27, 2017, and the respondents' brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
ENG, P.J., AUSTIN, ROMAN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court