| Ballinger v Stelle Architects, PLLC |
| Motion No: 2017-03166 |
| Slip Opinion No: 2018 NY Slip Op 78429(U) |
| Decided on July 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
M252946
E/mmWILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
FRANCESCA E. CONNOLLY, JJ.
|
2017-03166 Alan Ballinger, et al., plaintiffs/counterclaim defendants-appellants, v Stelle Architects, PLLC, defendant/counterclaim plaintiff-respondent. (Index No. 17642/06)
| DECISION & ORDER ON MOTION |
Motion by the defendant/counterclaim plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated January 3, 2017, for failure of the plaintiffs/counterclaim defendants-appellants to comply with a decision and order on motion of this Court dated March 13, 2018, or, in the alternative, 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 on the Court's own motion, the time of the plaintiffs/counterclaim defendants-appellants to comply with the decision and order on motion of this Court dated March 13, 2018, is extended until August 22, 2018, and on or before that date the plaintiffs/counterclaim defendants-appellants shall serve and file a supplemental record containing the affirmation in opposition of Daniel C. Ross, dated September 29, 2016, with annexed exhibits, correct the covers of the record and the brief filed by the plaintiffs/counterclaim defendants-appellants with the Clerk of this Court to reflect the proper statuses of the parties and the appearance by Keegan & Keegan, Ross & Rosner, LLP, serve Keegan & Keegan, Ross & Rosner, LLP, with copies of the record, the brief filed by the plaintiffs/counterclaim defendants-appellants, and the supplemental record, and file proof of service upon Keegan & Keegan, Ross & Rosner, LLP, with this Court; and it is further,
ORDERED that the branch of the motion which is to enlarge the defendant/counterclaim plaintiff-respondent's time to serve and file a brief is granted, the movant's time to serve and file a brief is enlarged until September 21, 2018, and the brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., LEVENTHAL, SGROI and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court