| Payne v Murray |
| Motion No: 2018-03381 |
| Slip Opinion No: 2019 NY Slip Op 61621(U) |
| Decided on January 28, 2019 |
| 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
M259515
E/sl
LEONARD B. AUSTIN, J.P.
BETSY BARROS
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2018-03381 Stepp Payne, et al., appellants, v George Alfred Murray, etc., et al., defendants, Keyspan Energy Delivery New York, et al., respondents. (Index No. 2146/07)
| DECISION & ORDER ON MOTION |
Motion by the appellants to strike the respondents' brief on an appeal from an order of the Supreme Court, Kings County, dated January 26, 2018, on the ground that it incorrectly states the facts of the case or, in the alternative, to strike stated portions of the respondents' brief on the ground that they improperly raise issues for the first time on appeal, to enlarge the record to include certain documents, and 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, it is
ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, the appellants' time to serve and file a reply brief is extended until February 7, 2019, and the reply brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court