| Merling v Ash Developement, LLC |
| Motion No: 2018-15134 |
| Slip Opinion No: 2019 NY Slip Op 77427(U) |
| Decided on August 14, 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
M265214
E/sl
LEONARD B. AUSTIN, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2018-15134 Esther Merling, appellant, v Ash Developement, LLC, et al., respondents. (Index No. 719085/18)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Queens County, dated December 24, 2018, for leave to reargue their prior motion to strike pages 119 through 158 from the record, which was determined by decision and order on motion of this Court dated June 26, 2019, and to extend the time to serve and file a brief. Application by the respondents pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a 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 for leave to reargue the prior motion is denied; and it is further,
ORDERED that the branch of the motion which is to extend the respondents' time to serve and file a brief and the application for that relief are granted, the respondents' time to serve and file a brief is extended until August 28, 2019, and the respondents' brief shall be served and filed on or before that date; and it is further,
ORDERED that no further extension of time shall be granted.
AUSTIN, J.P., LEVENTHAL, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court