Appellate Division: Second Judicial Department

M56547

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2006-08381 Theresa Lolly, appellant, v Brookdale University Hospital and Medical Center, respondent, et al., defendants. (Index No. 5241/04)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated June 19, 2006, to strike stated portions of the appellant's brief 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 motion is granted; and it is further,

ORDERED that the following material is stricken from the appellant's brief:

(1) The quoted material on page 12, beginning with the words, "73/3 Q How much clinical experience" and ending with the words "52/20 A Yes," as well as footnote 3;

(2) The quoted material beginning on page 13 with the words "15/2 Q Did you eventually" through the material on the top of page 15 ending with the words "13/19 A No."; and

(3) The words "and plaintiff obtained documentary evidence confirming it from the State Education Department" in the third sentence of the second full paragraph on page 16;

and it is further,

ORDERED that on or before July 6, 2007, the appellant shall either delete or remove the stricken material from the copies of the brief on file with the Clerk of this court or serve and file a replacement brief that does not contain the stricken material; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until August 6, 2007, and the respondent's brief must be served and filed on or before that date.

MASTRO, J.P., COVELLO, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court