3301 Atlantic Avenue, LLC v Atlantic Chestnut, LLC
Motion No: 2017-00175
Slip Opinion No: 2018 NY Slip Op 64674(U)
Decided on February 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M246389

E/afa

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

VALERIE BRATHWAITE NELSON, JJ.

2017-00175

3301 Atlantic Avenue, LLC, et al., respondents,

v Atlantic Chestnut, LLC, et al., defendants,

Atlantic Chestnut Affordable Housing, LLC,

appellant.

(Index No. 502062/16)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to strike the respondents' brief on an appeal from an order of the Supreme Court, Kings County, dated December 15, 2016, or, in the alternative, to enlarge the time to serve and file a reply brief. Cross motion by the respondents for an award of costs and an attorney's fee, and to impose a sanction upon the appellant and its counsel.

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 motion and the cross motion are denied.

BALKIN, J.P., CHAMBERS, SGROI and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court