| 3301 Atlantic Avenue, LLC v Atlantic Chestnut, LLC |
| Motion No: 2017-00175 |
| Slip Opinion No: 2018 NY Slip Op 64838(U) |
| Decided on February 22, 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
M246630
U/rr
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 |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated February 21, 2018, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
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 branch of the appellant's motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until March 5, 2018, and the reply brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied.
BALKIN, J.P., CHAMBERS, SGROI and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court