Appellate Division: Second Judicial Department

M271243

kbp/

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2019-07510, 2019-11356 Chaya Rubinstein, et al., appellants, v C & A Marketing, Inc., et al., respondents. (Index No. 522835/2018)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated April 29, 2019, and August 30, 2019, respectively. Motion by the respondents to strike the appellants' brief, or stated portions of the appellants' brief, on the ground that they refer to matter dehors the record or raise arguments for the first time on appeal, in effect, to dismiss the appeal from the order dated August 30, 2019, on the ground that no appeal lies from an order denying reargument, and 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, it is

ORDERED that the branches of the motion which are to strike the appellants' brief, or stated portions of the appellants' brief, and, in effect, to dismiss the appeal from the order dated August 30, 2019, are 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 time to serve and file a brief is granted, the respondents' time to serve and file a brief is extended, and on or before July 10, 2020, the respondents shall serve the respondents' brief and upload a digital copy of the respondents' brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the respondents' brief in accordance with any applicable administrative order or other order to be issued by the Court.

BALKIN, J.P., LEVENTHAL, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court