| Matter of Rye Ridge Park LLC v Village of Rye Brook |
| Motion No: 2022-00414 |
| Slip Opinion No: 2023 NY Slip Op 67943(U) |
| Decided on June 2, 2023 |
| 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
M289326
AFA/
BETSY BARROS, J.P.
PAUL WOOTEN
WILLIAM G. FORD
BARRY E. WARHIT, JJ.
|
2022-00414 In the Matter of Rye Ridge Park, LLC, et al., appellants, v Village of Rye Brook, et al., respondents. (Index No. 51632/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated April 5, 2021. Motion by the appellants to strike the respondents' brief on the ground that the brief contains arguments in support of the respondents' cross appeal, which was withdrawn by decision and order on application of this Court dated August 3, 2022, and to extend the time to serve and file a reply brief.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 strike the respondents' brief is granted, and on or before July 3, 2023, the respondents shall serve and file, via NYSCEF, a replacement brief that does not contain arguments in support of the withdrawn cross appeal; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, and on or before July 13, 2023, the appellants shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website.
BARROS, J.P., WOOTEN, FORD and WARHIT, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court