Bradley C. Aldrich et al. v Northern Leasing Systems Inc. et al.

Motion No: M-4120

Slip Opinion No: 2018 NYSlipOp 85059(U)

Decided on October 2, 2018

Appellate Division, First 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.

October 2, 2018

Bradley C. Aldrich, et al.,

Plaintiffs-Appellants,

v

Northern Leasing Systems, Inc.,

et al.,

Defendants-Respondents.

An appeal having been taken from the order of the Supreme Court, New York County, entered on or about March 23, 2016, and said appeal having been perfected, And defendants-respondents having moved to dismiss the aforesaid appeal on the grounds that the record omits critical exhibits (M-3437), And plaintiffs-appellants having cross-moved for leave to supplement the record on appeal and for an enlargement of time to perfect the aforesaid appeal (M-3663), And plaintiffs-appellants having moved to strike respondents' brief for making scandalous, prejudicial, personal attacks dehors the record or, in the alternative, to strike certain portions of the brief that mention the aforesaid allegations and for the award of attorneys' fees and expenses, and other relief (M-4120)Now, upon reading and filing the papers with respect to the motions and cross motion, and due deliberation having been had thereon, It is ordered that the motion to dismiss the appeal is denied, without prejudice to defendants' filing a supplemental record and, if so advised, a new respondent's brief which addresses the supplemental record on or before October 31, 2018 for the December 2018 Term, to which Term the appeal is, sua sponte, adjourned. Plaintiffs are granted leave to file a new reply brief addressing respondent's replacement brief, if so

advised (M-3437). The cross motion by plaintiffs-appellants

for an enlargement of time to perfect the appeal is denied as unnecessary (M-3663). The motion by plaintiffs-appellants seeking leave to strike respondents' brief, and or portions of that brief and for sanctions is denied (M-4120). ENTERED: October 2, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Jeffrey K. Oing,Justices

M-4120

M-3663

M-3437

Index No. 602803/07