Opinion
Motion No: 522573
12-22-2016
THE PEOPLE OF THE STATE OF NEW YORK, by ERIC T. SCHNEIDERMAN, Attorney General of the State of New York, Respondent, v. FEDERATION OF MULTICULTURAL PROGRAMS, INC., Appellant.
DECISION AND ORDER ON MOTION
Motion to strike record on appeal, to dismiss appeals taken by notices of appeal dated March 28, 2016 and July 8, 2016, for extension of time to file and serve brief of respondent and for further relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion to strike the record on appeal and for further relief is granted, without costs, to the extent that the record on appeal and brief are deemed stricken and if the parties are unable to stipulate to the record on appeal on or before January 23, 2017, then appellant shall move, on or before February 6, 2017, in the court of original instance to settle the entire record on appeal. Appellant shall file and serve a corrected record on appeal and brief on or before March 26, 2017. It is further
ORDERED that the motion to strike the appeals taken by notices of appeal dated March 28, 2016 and July 8, 2016 is denied, without costs, and without prejudice to the issues involved being raised upon the argument of the appeals, and it is further
ORDERED that the motion for an extension of time to file and serve the brief of respondent is granted, without costs, and the time is extended to 45 days from the date of the service of the corrected record on appeal and brief.
Peters, P.J., McCarthy, Egan Jr. and Devine, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court