Appellate Division: Second Judicial Department

M302483

AFA/

BETSY BARROS, J.P.

WILLIAM G. FORD

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2023-05631 Nestor I, LLC, plaintiff-respondent, v Cathy Moriarty-Gentile, etc., et al., defendants- appellants, et al., defendants; Joseph J. Gentile, nonparty-appellant. (Index No. 65328/2014)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated September 16, 2022. Motion by the appellants to strike stated portions of the respondent's brief, inter alia, in effect, on the ground that they refer to matter dehors the record and to extend the time to serve and file a reply brief. Cross-motion by the respondent, inter alia, to dismiss the appeal on the ground that the appellants are not aggrieved and/or lack standing.

Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion by appellants 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 by appellants which is to extend the time to serve and file reply brief is granted, and on or before February 10, 2025, the appellants shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the cross-motion is denied.

BARROS, J.P., FORD, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court