Appellate Division: Second Judicial Department

M253623

E/mm

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, 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 appellants to strike the respondents' brief or stated portions of the respondents' brief on an appeal from an order of the Supreme Court, Suffolk County, dated June 12, 2017, on the ground that they contain matter dehors the record, for an award of costs and an attorney's fee, to impose a sanction upon the respondents and their attorney, and to enlarge the 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 strike stated portions of the respondents' brief is granted, footnotes 2, 6, and 9 of the respondents' brief are stricken, and on or before September 5, 2018, the respondents shall delete the stricken material from the copies of the 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 appellants' time to serve and file a reply brief is granted, the respondents' time to serve and file a brief is enlarged until September 20, 2018, the reply brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court