| Murray v Town of Rhinebeck |
| Motion No: 2024-04864 |
| Slip Opinion No: 2025 NY Slip Op 77981(U) |
| Decided on October 6, 2025 |
| 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
M308260
AFA/
BETSY BARROS, J.P.
PAUL WOOTEN
LAURENCE L. LOVE
SUSAN QUIRK, JJ.
|
2024-04864 Linda M. Murray, et al., appellants, v Town of Rhinebeck, et al., defendants, et al., respondents. (Index No. 53887/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Dutchess County, dated April 12, 2024. Motion by the appellants to extend the time to serve and file a reply brief. Separate motion by the appellants, inter alia, to strike stated portions of the respondents' brief and the respondent's appendix on the ground that they contain and refer to matter dehors the record or, in the alternative, to direct the respondents to serve and file a supplemental appendix. Cross-motion by the respondents to dismiss the appeal on the ground that the appellant's appendix is inadequate.
Upon the papers filed in support of the motion by the appellants to extend the time to serve and file a reply brief and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of separate motion by the appellants, inter alia, to strike stated portions of the respondents' brief and the respondent's appendix, and the cross-motion and the papers filed in opposition thereto, it is
ORDERED that the motion by the appellants to extend the time to serve and file a reply brief is granted, and on or before October 16, 2025, 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; and it is further,
ORDERED that the motion by the appellants, inter alia, to strike stated portions of the respondents' brief and the respondent's appendix on the ground that they contain and refer to matter dehors the record or, in the alternative, to direct the respondents to serve and file a supplemental appendix and the cross-motion are denied.
BARROS, J.P., WOOTEN, LOVE and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court