| Cap Rents Supply, Inc. v Durante |
| Motion No: 2016-11709 |
| Slip Opinion No: 2018 NY Slip Op 73328(U) |
| Decided on May 24, 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
M250569
E/sl
JOHN M. LEVENTHAL, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
|
2016-11709 Cap Rents Supply, Inc., plaintiff-appellant, v Steven Durante, et al., respondents, Frank Caporaso, defendant-appellant, et al., defendant. (Index No. 3401/10)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-appellant and the defendant-appellant to strike the respondents' brief on an appeal from an order of the Supreme Court, Nassau County, entered October 7, 2016, on the ground that it refers to matter dehors the record or to direct the respondents to serve and file a replacement brief, or to enlarge their time to serve and file a reply 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 time of the plaintiff-appellant and the defendant-appellant to serve and file a reply brief is granted, the time to serve and file a reply brief is enlarged until June 14, 2018, and the reply brief shall be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to strike the respondents' brief or to direct the respondents to serve and file a replacement brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
LEVENTHAL, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court