| Matter of Gershow Recycling of Riverhead, Inc. v Town of Riverhead |
| Motion No: 2017-08382 |
| Slip Opinion No: 2018 NY Slip Op 73272(U) |
| Decided on May 23, 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
M250474
E/sl
JOHN M. LEVENTHAL, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
|
2017-08382 In the Matter of Gershow Recycling of Riverhead, Inc., et al., respondents, v Town of Riverhead, et al., appellants. (Index No. 15728/14)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike stated portions of the appellants' brief on an appeal from an order of the Supreme Court, Suffolk County, dated June 12, 2017, on the ground that those portions of the brief "directly contradict" certain deposition testimony in a related action, to enlarge the record to include transcripts of that deposition testimony, and to enlarge the time to serve and file a brief.
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 respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until June 22, 2018, the respondents' brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
LEVENTHAL, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court