Appellate Division: Second Judicial Department

M70101

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-05279 Freddie Jenkins, appellant, v Fieldbridge Associates, LLC, respondent. (Index No. 62886/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Appellate Term, 2nd and 11th Judicial Districts, dated February 5, 2007, which reversed a judgment of the Civil Court, Kings County, entered June 25, 2005, to strike Points VII and VIII of the respondent's brief on the ground that they raise issues that are not properly before the court, and 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 motion is granted; and it is further,

ORDERED that Points VII and VIII are stricken from the respondent's brief, and on or before May 28, 2008, the respondent 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 appellant's time to serve and file a reply brief is enlarged until June 12, 2008, and the appellant's reply brief must be served and filed on or before that date.

RIVERA, J.P., COVELLO, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court