Appellate Division: Second Judicial Department

M256453

E/mm

REINALDO E. RIVERA, J.P.

MARK C. DILLON

JEFFREY A. COHEN

ANGELA G. IANNACCI, JJ.

2017-06413, 2017-07426 BNH Milf, LLC, respondent, v Milford St. Properties, LLC, et al., appellants, et al., defendant. (Index No. 505821/14)

DECISION & ORDER ON MOTION

Motion by the respondent to strike pages R241 through R325 and R402 through R446 of the record on appeals from two orders of the Supreme Court, Kings County, dated April 26, 2017, and May 9, 2017, respectively, on the ground that they contain matter dehors the record and to enlarge the time to serve and file a brief. By decision and order on motion of this Court dated July 9, 2018, the matter was remitted to the Supreme Court, Kings County, to report on whether that court considered the material on pages R241 through R325 and R402 through R446 of the record, in connection with the motion that was determined by the order dated April 26, 2017. The Supreme Court, Kings County, has filed its report dated August 8, 2018.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the report of the Supreme Court, Kings County, dated August 8, 2018, it is

ORDERED that the branch of the motion which is to strike pages R241 through R325 and R402 through R446 is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until November 19, 2018, and the respondent's brief shall be served and filed on or before that date.

RIVERA, J.P., DILLON, COHEN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court