Appellate Division: Second Judicial Department

M269516

E/sl

SHERI S. ROMAN, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2018-11142 In the Matter of Gedney Association, Inc., et al., appellants, v Common Council of the City of White Plains, et al., respondents. (Matter No. 1) Claudia G. Jaffe, et al., appellants, et al., plaintiff, v French-American School of New York, Inc., etc., respondent. (Matter No. 2) (Index Nos. 3084/17, 51577/18)

DECISION & ORDER ON MOTION

Motion by the respondent French-American School of New York, Inc., on appeals from an order and judgment (one paper) of the Supreme Court, Westchester County, dated August 24, 2018, inter alia, to strike stated portions of the brief of the appellants Gedney Association, Inc., John Sheehan, and Daniel Seidel on the ground that they improperly raise arguments for the first time on appeal and refer to matter dehors the record, to direct the appellants to serve and file a supplemental joint appendix containing certain material, and to extend its time to serve and file a brief. Separate motion by the respondent Common Council of the City of White Plains to dismiss the appeals on the ground that the joint appendix is inadequate or, in the alternative, to extend its time to serve and file a brief.

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

ORDERED that the branch of the motion by the respondent French-American School of New York, Inc., which is to strike stated portions of the brief of the appellants Gedney Association, Inc., John Sheehan, and Daniel Seidel on the ground that they improperly raise arguments for the first time on appeal and refer to matter dehors the record 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 by the respondent French-American School of New York, Inc., which is to direct the appellants to serve and file a supplemental joint appendix containing certain material is granted and on or before March 9, 2020, the appellants shall serve and file a supplemental joint appendix containing the exhibits annexed to the affirmations that were filed in connection with the motions that were determined by the order and judgment dated August 24, 2018, except for the exhibits that are contained in the joint appendix, and the following documents identified in an index of documents annexed to the papers filed in support of the motion filed in this Court by the respondent French-American School of New York, Inc., as Exhibit D: I 1A, I 1D, I 1E, II 6, II 7, II 8, II 9, II 10, II 12, II 15, II 16, II 18, II 19, II 20, II 21, II 22, II 27, II 28, II 29, II 30, II 31, II 32, II 33, II 34, II 35, II 36, II 37, II 37A, II 40, II 40A, II 40B, II 42, II 45, II 49, II 51, II 53, II 54, II 55, II 56, II 57, II 66, II 69, II 70, II 71, II 72, II 74, II 76, II 76A, II 77, II 80 , II 81, II 82, II 83, II 84, II 85, II 86, II 87, II 88, II 88A, II 91, II 92, II 93, II 96, II 97, II 99, II 100, II 101, II 103, II 104, II 106, II 107, II 109, II 110, II 112, II 113, II 114, II 115, II 116, II 117, II 118, II 119, II 120, II 121, II 122, II 124, and II 126 through II 150; and it is further,

ORDERED that the branch of the motion by the respondent French-American School of New York, Inc., which is to extend its time to serve and file a brief granted, the time of the respondent French-American School of New York, Inc., to serve and file a brief is extended until April 8, 2020, and the brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion by the respondent French-American School of New York, Inc., is otherwise denied; and it is further,

ORDERED that the motion by the respondent Common Council of the City of White Plains is dismissed for failure to comply with the Electronic Filing Rules of the Appellate Division (see 22 NYCRR 1245.6[c]); and it is further,

ORDERED that on the Court's own motion, the time of the respondent Common Council of the City of White Plains to serve and file a brief is extended until April 8, 2020, and the brief of the respondent Common Council of the City of White Plains shall be served and filed on or before that date; and it is further,

ORDERED that no further extension of time shall be granted to the respondents to serve and file their respective briefs.

ROMAN, J.P., MILLER, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court