Appellate Division: Second Judicial Department

M279420

E/sl

CHERYL E. CHAMBERS, J.P.

BETSY BARROS

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2020-05934 Yi Jiang Pai, et al., appellants-respondents, v Nelson Senior Housing Development Fund Corporation, et al., defendants, L. Riso & Sons, Co., Inc., defendant third-party plaintiff-respondent- appellant, Excelsior II Housing Development Fund Corporation, et al., defendants-respondents-appellant KJ Kwok Construction, Inc., et al., third-party defendants-respondents. (Index No. 701805/2017)

DECISION & ORDER ON MOTION s;

Appeal and cross appeal from an order of the Supreme Court, Queens County, dated July 13, 2020. Motion by the third-party defendant-respondent KJ Kwok Construction, Inc., to strike Point One of the appellants-respondents' reply brief, on the ground that it refers to matter dehors the record and improperly raises issues for the first time in reply. Separate motion by the third-party defendant-respondent VIS Industries to extend the time to serve and file a brief. Cross motion by the appellants-respondents, inter alia, for leave to serve and file a surreply brief and for an award of costs.

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

ORDERED that the motion by the third-party defendant-respondent VIS Industries is granted, and on or before October 14, 2021, the third-party defendant-respondent VIS Industries shall serve and file its brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve its brief and upload a digital copy of its brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the branch of the cross motion which is for leave to serve and file a surreply brief is granted to the extent that the appellants-respondents may serve and file a replacement reply brief, if so advised, on or before November 3, 2021, in the event that the third-party defendant-respondent VIS Industries serves and files its brief; and it is further,

ORDERED that on the Court's own motion, the defendant third-party plaintiff-respondent-appellant and the defendants-respondents-appellants may serve and file a replacement reply brief, if so advised, on or before November 3, 2021, in the event that the third-party defendant-respondent VIS Industries serves and files its brief; and it is further,

ORDERED that the cross motion is otherwise denied; and it is further,

ORDERED that the motion by the third-party defendant-respondent KJ Kwok Construction, Inc., is denied without prejudice to renew after the appellants-respondents serve and file a replacement reply brief.

CHAMBERS, J.P., BARROS, WOOTEN and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court