Appellate Division: Second Judicial Department

M258386

E/sl

REINALDO E. RIVERA, J.P. JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2018-04840 In the Matter of Matrix Staten Island Development, LLC, et al., petitioners- respondents, v BKS-NY, LLC, appellant, et al., respondent. (Index No. 85029/18)

DECISION & ORDER ON MOTION

Motion by the appellant to strike stated portions of the petitioners-respondents' brief on an appeal from an order of the Supreme Court, Richmond County, dated March 15, 2018, on the ground that they contain matter dehors the record or improperly raise issues for the first time on appeal, and to extend the time to serve and file a reply brief. Separate applications 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 applications 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 stated portions of the petitioners-respondents' brief 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 the branch of the motion which is to extend the appellant's time to serve and file a reply brief and the applications for that relief are granted, the appellant's time to serve and file a reply brief is extended until January 7, 2019, and the reply brief shall be served and filed on or before that date.

RIVERA, J.P., COHEN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court