| Great Homes Group, LLC v GMAC Mortgage, LLC |
| Motion No: 2017-07279 |
| Slip Opinion No: 2018 NY Slip Op 75561(U) |
| Decided on June 21, 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
M251585
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
ROBERT J. MILLER
JOSEPH J. MALTESE, JJ.
|
2017-07279 Great Homes Group, LLC, appellant, v GMAC Mortgage, LLC, respondent, et al., defendant. (Index No. 6755/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to strike Point III of the respondent's brief on an appeal from an order of the Supreme Court, Nassau County, dated May 9, 2017, and to enlarge the time to serve and file a reply brief. Cross motion by the respondent to enlarge the record to include certain material.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike Point III of the respondent's brief is granted, and on or before July 11, 2018, the respondent shall remove the stricken material from the copies of the respondent's brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain the stricken material; and it is further,
ORDERED that the branch of the motion which is to enlarge the appellant's time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until July 23, 2018, and the reply brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied.
BALKIN, J.P., LEVENTHAL, MILLER and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court