Appellate Division: Second Judicial Department

M85748

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WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2008-08921, 2008-11150, 2009-02088 Bradley Industrial Park, etc., respondent, v United Water New York, Inc., appellant. (Index No. 4426/08)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the appendix to the appellant's brief and portions of the brief that refer to the appendix on appeals from three orders of the Supreme Court, Rockland County, dated August 16, 2008, October 29, 2008, and February 3, 2009, respectively.

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

ORDERED that the motion is granted to the extent that Appendix A, the tariff, and the following references to the tariff in the appellant's brief are stricken, and the motion is otherwise denied:

(1) on page 5, the first complete sentence beginning with the words "Its approved" and ending with "pdf.";

(2) on page 24, footnote 7; and

(3) pages 32 through 34; and it is further,

ORDERED that on or before May 8, 2009, the appellant shall remove the stricken material from the copies of the appellant's brief filed with the Clerk of the 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 June 8, 2009, and the respondent's brief must be served and filed on or before that date.

MASTRO, J.P., RIVERA, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court