Opinion
2012-09431 2013-01830 Index No. 27353/11 M157637
06-07-2013
In the Matter of Abbey F. Goldstein, respondent, v. Acropolis Gardens Realty Corp., appellant.
, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to strike stated portions of the respondent's brief on appeals from two orders of the Supreme Court, Queens County, entered August 23, 2012, and January 3, 2013, respectively, for an award of costs, and, in effect, to enlarge 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 stated portions of the respondent's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is for an award of costs is denied; and it is further,
ORDERED that the branch of the motion which is, in effect, to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until June 24, 2013, and the reply brief must be served and filed on or before that date.
DILLON, J.P., CHAMBERS, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court