Opinion
DOCKET NO. CA 18-02276
04-15-2019
GULF COAST BANK & TRUST COMPANY, PLAINTIFF-RESPONDENT, v. BRAND CONSULTING GROUP, INC., AND LEIGH A. BRAND, DEFENDANTS-APPELLANTS.
PRESENT:
Appellants having moved for permission to file a supplemental record or, in the alternative, for judicial notice of documents, and for an extension of time to file and serve a reply brief on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on June 4, 2018, and in the event such relief is granted, respondent cross-moves for leave to file a sur-reply brief and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that appellant's motion is denied insofar as it seeks permission to file a supplemental record without prejudice to a motion to resettle the record in Supreme Court (see 22 NYCRR 1000.7 [b]; Stewart v Soda, 239 AD2d 966 [4th Dept 1997]), and
It is further ORDERED that appellant's motion is denied insofar as it seeks judicial notice of documents, and
It is further ORDERED that appellant's motion is granted insofar as its seeks an extension of time to file and serve a reply brief, on the condition that the brief is filed and served on or before April 25, 2019, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondent's cross motion is dismissed.
Entered: April 15, 2019
Mark W. Bennett, Clerk