| J-K Apparel Sales Co., Inc. v Jacobs |
| Motion No: 2017-11423 |
| Slip Opinion No: 2018 NY Slip Op 70100(U) |
| Decided on April 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
M248963
E/afa
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2017-11423 J-K Apparel Sales Co., Inc., et al., respondents- appellants, v Irwin Jacobs, defendant third- party plaintiff-appellant-respondent; J-K Apparel Sales Co., Inc., et al., third-party plaintiffs- appellants-respondents; Steve Kenger, third-party defendant-respondent. (Index No. 600612/15)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants and the third-party defendant-respondent on an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered October 31, 2017, for leave to serve and file a supplemental record containing a certain document and the transcript of certain proceedings. Cross motion by the defendant third-party plaintiff-appellant-respondent and the third-party plaintiffs-appellants-respondents to strike the answering brief filed by the respondents-appellants and the third-party defendant-respondent, and to enlarge their time to serve and file a reply brief. Application by the third-party plaintiffs-appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their reply brief.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion and the application are granted; and it is further,
ORDERED that the brief filed by the respondents-appellants and the third-party defendant-respondent is stricken, and on or before May 21, 2018, the respondents-appellants and the third-party defendant-respondent shall serve and file a brief which does not refer to matter dehors the record and includes the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the time of the defendant third-party plaintiff-appellant-respondent and the third-party plaintiffs-appellants-respondents to serve and file a reply brief is enlarged until June 4, 2018, and the reply brief shall be served and filed on or before that date.
DILLON, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court