Appellate Division: Second Judicial Department

M75274

E/cb

STEVEN W. FISHER, J.P.

RUTH C. BALKIN

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2007-08350 Anatoli Matsur, et al., respondents, v New York City Transit Authority, appellant, et al., defendants (and third-party actions). (Index No. 43943/01)

DECISION & ORDER ON MOTION

Separate motions by the defendants M.A. Angeliades, Inc., and Tap Electrical Contracting Services, Inc., on an appeal from a judgment of the Supreme Court, Kings County, dated August 8, 2007, in effect, to strike the appellant's brief on the ground that the arguments concerning their summary judgment motions are not properly before the court, or, in the alternative, to enlarge the time to serve and file briefs.

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

ORDERED that the branch of the motion which is, in effect, to strike the appellant's brief is granted, the appellant's brief is stricken, and on or before October 23, 2008, the appellant may serve and file a replacement brief that does not assert any arguments concerning the summary judgment motions made by the defendants M.A. Angeliades, Inc., and Tap Electrical Contracting Services, Inc.; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that on the court's own motion, the brief and appendix filed by respondent Travelers Company are stricken, without prejudice to serving and filing a replacement brief after the appellant serves and files its replacement brief.

FISHER, J.P., BALKIN, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court