| 255 Butler Associates, LLC v 255 Butler, LLC |
| Motion No: 2017-10260 |
| Slip Opinion No: 2018 NY Slip Op 63398(U) |
| Decided on February 7, 2018 |
| 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
M245813
E/htr
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON, JJ.
|
2017-10260 255 Butler Associates, LLC, respondent, v 255 Butler, LLC, appellant. (Index No. 511560/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellant's brief on an appeal from an order of the Supreme Court, Kings County, dated September 14, 2017, on the ground that it refers to matter dehors the record and improperly raises issues for the first time on appeal, to vacate a stay granted by decision and order on motion of this Court dated November 24, 2017, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike 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 vacate a stay granted by decision and order on motion of this Court dated November 24, 2017, is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until March 8, 2018, and the respondent's brief shall be served and filed on or before that date.
DILLON, J.P., LEVENTHAL, LASALLE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court