| Matter of Staten Island Global Logistics Park Lot 3, LLC v BKS-NY, LLC |
| Motion No: 2018-04851 |
| Slip Opinion No: 2018 NY Slip Op 89121(U) |
| Decided on November 21, 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
M257630
E/sl
RUTH C. BALKIN, J.P.
ROBERT J. MILLER
HECTOR D. LASALLE
FRANCESCA E. CONNOLLY, JJ.
|
2018-04851, 2018-07147 In the Matter of Staten Island Global Logistics Park Lot 3, LLC, et al., petitioners-respondents, v BKS-NY, LLC, appellant, Foley, Incorporated, respondent-respondent. (Index No. 85028/18)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike the petitioners-respondents' brief on appeals from two orders of the Supreme Court, Richmond County, dated March 15, 2018, and May 14, 2018, respectively, on the ground that it contains matter dehors the record or improperly raises issues for the first time on appeal, and to extend the time to serve and file a reply brief. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to extend 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to strike the petitioners-respondents' brief is denied; and it is further,
ORDERED that the branch of the motion which is to extend the appellant's time to serve and file a reply brief and the application for that relief are granted, the appellant's time to serve and file a reply brief is extended until December 11, 2018, and the reply brief shall be served and filed on or before that date.
BALKIN, J.P., MILLER, LASALLE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court