Appellate Division: Second Judicial Department

M241121

E/ct

L. PRISCILLA HALL, J.P.

JEFFREY A. COHEN

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2017-05921 In the Matter of Bay Street Landing Homeowners Association, Inc., appellant, v Meadow Partners, LLC, et al., respondents. (Index No. 100622/16)

DECISION & ORDER ON MOTION

Motion by the respondents to strike Point Two of the appellant's brief on an appeal from an order of the Supreme Court, Richmond County, dated April 6, 2017, on the ground that it refers to matter dehors the record, to direct the appellant to serve and file a supplemental record containing their reply papers dated January 12, 2017, and to enlarge the time to serve and file a brief.

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 to strike Point Two of the appellant's 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 motion which is to direct the appellant to serve and file a supplemental record containing their reply papers dated January 12, 2017, is granted, and on or before November 28, 2017, the appellant shall file a supplemental record containing those reply papers; 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 28, 2017, and the respondents' brief shall be served and filed on or before that date.

HALL, J.P., COHEN, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court