| 255 Butler Associates, LLC v 255 Butler, LLC |
| Motion No: 2017-10260 |
| Slip Opinion No: 2018 NY Slip Op 67297(U) |
| Decided on March 19, 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
M247610
E/afa
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 on an appeal from an order of the Supreme Court, Kings County, dated September 14, 2017, for leave to reargue the branch of its prior motion which was to strike the appellant's brief on the ground that it refers to matter dehors the record and improperly raises issues for the first time on appeal, which was held in abeyance by a decision and order on motion of this Court dated February 7, 2018, to enlarge the time to serve and file a brief, and for a preference in the calendaring of the appeal.
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 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 April 16, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., LEVENTHAL, LASALLE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court