Appellate Division: Second Judicial Department

M309576

AFA/

COLLEEN D. DUFFY, J.P.

FRANCESCA E. CONNOLLY

LAURENCE L. LOVE

SUSAN QUIRK, JJ.

2024-10527, 2024-12567 Preferred Gold Coast Properties LLC, plaintiff-appellant, v Anna Caruso, et al., defendants third-party plaintiffs-respondents; Eric Schwartz, third-party defendant-appellant, et al., third-party defendant. (Appeal No. 1) Preferred Gold Coast Properties LLC, plaintiff-appellant-respondent, v Anna Caruso, et al., defendants third-party plaintiffs-respondents-appellan Eric Schwartz, third-party defendant-appellant-respo et al., third-party defendant. (Appeal No. 2) (Index No. 616276/2019)

DECISION & ORDER ON MOTION ts; ndent,

Appeal from an order of the Supreme Court, Nassau County, dated July 5, 2024, and appeal and cross-appeal from a judgment of the same court dated October 2, 2024. Motion by Anna Caruso and Christopher Caruso, inter alia, to strike stated portions of the reply brief of Preferred Gold Coast Properties LLC and Eric Schwartz on the ground that they refer to matter dehors the record and to extend the time to serve their 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 extend the time to serve and file a reply brief is granted, and on or before December 8, 2025, Anna Caruso and Christopher Caruso shall serve and file their reply brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve their reply brief and upload a digital copy of their reply 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 motion is otherwise denied.

DUFFY, J.P., CONNOLLY, LOVE and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court