Appellate Division: Second Judicial Department

M258381

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

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated November 21, 2018, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant to strike stated portions of 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 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. 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 stated portions of the petitioners-respondents' brief is held in abeyance and referred to the panel of Justices hearing the appeals 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 application for that relief are granted, and the reply brief submitted to the Clerk of the Court is accepted for filing and deemed timely served.

BALKIN, J.P., MILLER, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court