Matter of Vasser v City of New Rochelle
Motion No: 2017-11116
Slip Opinion No: 2018 NY Slip Op 67154(U)
Decided on March 15, 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

M246931

E/afa

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2017-11116

In the Matter of Shmuel Vasser, et al.,

appellants, v City of New Rochelle, et al.,

respondents.

(Index No. 57315/17)

DECISION & ORDER ON MOTION

Motion by the respondent ND Acquisitions, LLC, to strike stated portions of the appellants' brief on an appeal from an order of the Supreme Court, Westchester County, dated September 14, 2017, on the grounds that the arguments contained in those portions of the brief have been rendered academic, refer to matter dehors the record, or improperly raise issues for the first time on appeal, for an award of costs and an attorney's fee, to impose a sanction upon the appellants, and to enlarge the time to serve and file a brief. Motion by the appellants Shmuel Vasser and Daniel Krasner to vacate a decision and order on application of this Court dated January 12, 2018, which granted the application of Harry Stone and Jacqueline Stone for leave to withdraw the appeal insofar as taken by them.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the respondent's motion which is to strike stated portions of the appellants' 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 respondent's motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file their respective briefs is enlarged until April 18, 2018, and the respondents' briefs shall be served and filed on or before that date; and it is further,

ORDERED that the respondent's motion is otherwise denied; and it is further,

ORDERED that the motion by the appellants Shmuel Vasser and Daniel Krasner is denied.

AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court