Appellate Division: Second Judicial Department

M267410

E/sl

MARK C. DILLON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

ANGELA G. IANNACCI, JJ.

2018-11813 Prime Alliance Group, Ltd., et al., respondents, v Affiliated FM Insurance Company, et al., defendants, Praxis International Corporation, appellant. (Index No. 601329/14)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to strike stated portions of the appellant's brief on an appeal from an order of the Supreme Court, Nassau County, entered September 14, 2018, on the ground that they refer to matter dehors the record and to strike Points III and IV of the appellant's brief on the ground that they improperly raise issues for the first time on appeal, and to extend the time to serve and file brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record and to strike Points III and IV of the appellant's brief on the ground that they improperly raise issues for the first time on appeal are 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 respondents' time to serve and file brief is granted, the respondents' time to serve and file a brief is extended until December 13, 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; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., COHEN, MILLER and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court