Opinion
Motion No: 2015-08349
06-02-2016
John Ehrenkranz, et al., plaintiffs/counterclaim-defendants-respondents, v. 58 MHR, LLC, et al., defendants/counterclaim-plaintiffs/third-party plaintiffs-appellants, et al., defendant; 624 Butter Lane, LLC, et al., third-party defendants-respondents, et al., third-party defendants.
M212524
E/sl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
(Index No. 4444/12)
DECISION & ORDER ON MOTION
Motion by the third-party defendant-respondent LePatner & Associates, LLP, to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 27, 2015, on the ground that the appendix of the defendants/counterclaim-plaintiffs/third-party plaintiffs-appellants is inadequate and contains matter dehors the record, to strike the appendix and brief of the defendants/counterclaim-plaintiffs/third-party plaintiffs-appellants, and to enlarge 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 strike the appendix and brief of the defendants/counterclaim-plaintiffs/third-party plaintiffs-appellants is granted, and on or before July 5, 2016, the defendants/counterclaim-plaintiffs/third-party plaintiffs-appellants shall serve and file a replacement appendix that contains all of the papers submitted to the Supreme Court, Kings County, that resulted in the order dated May 27, 2015, and omits any papers not submitted to the Supreme Court, Kings County, and shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,
ORDERED that the branch of the motion which is to enlarge the time of the third-party defendant-respondent LePatner & Associates, LLP, to serve and file a brief is granted, the movant's time to serve and file a brief is enlarged until August 4, 2016, and the movant's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court