Meyer v 148 South Emerson Associates, LLC
Motion No: 2017-10703
Slip Opinion No: 2018 NY Slip Op 80519(U)
Decided on August 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M254136

E/mm

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-10703

Michael J. Meyer, etc., et al., plaintiffs,

v 148 South Emerson Associates, LLC,

defendant, Drew Doscher, etc., appellant;

Charles C. Russo, etc., et al., nonparty-

respondents (and a third-party action).

(Action No. 1)

Michael J. Meyer, etc., plaintiff,

v Montauk U.S.A., LLC, et al., defendants.

(Action No. 2)

Drew Doscher, etc., et al., plaintiffs

v Michael Meyer, et al., defendants.

(Action No. 3)

(Index Nos. 68379/14, 600830/15, 608165/15)

DECISION & ORDER ON MOTION

Motion by the appellant to strike the brief filed by Michael Meyer, Michael Meagher, and Stephen Smith on an appeal from an order of the Supreme Court, Suffolk County, dated August 18, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the appellant's time to serve and file a reply brief is enlarged until August 27, 2018, and the reply brief shall be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court