| EVO Merchant Services, LLC v R.B.C.K. Enterprises, Inc. |
| Motion No: 2021-04369 |
| Slip Opinion No: 2022 NY Slip Op 64296(U) |
| Decided on April 11, 2022 |
| 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
M282389
MB/
COLLEEN D. DUFFY, J.P.
SHERI S. ROMAN
JOSEPH J. MALTESE
WILLIAM G. FORD, JJ.
|
2021-04369 EVO Merchant Services, LLC, et al., respondents, v R.B.C.K. Enterprises, Inc., etc., defendant, RB Retail & Services Software, LLC, etc., et al., appellants. (Index No. 608446/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated June 2, 2021. Motion by the respondents to strike the appellants' brief and stated portions of the record on appeal on the ground that they refer to matter dehors the record, 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 branch of the motion which is to extend the time to serve and file a brief is granted, and on or before May 11, 2022, the respondents shall serve and file the respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the motion is otherwise denied.
DUFFY, J.P., ROMAN, MALTESE and FORD, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court