Appellate Division: Second Judicial Department

M94561

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2009-03004 Bana Electric Corporation, respondent-appellant, v Bethpage Union Free School District, et al., appellants-respondents. (Index No. 4494/05)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to strike stated portions of the appellants-respondents' brief on an appeal and a cross appeal from an order of the Supreme Court, Nassau County, entered March 9, 2009, and to enlarge the time to serve and file an answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).

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 Point IV is stricken from the appellants-respondents' brief, and on or before December 8, 2009, the appellants-respondents' shall delete or remove the stricken material from the copies of the appellants-respondents' 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-appellant's time to serve and file an answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until January 7, 2010, and the answering brief must be served and filed on or before that date.

MASTRO, J.P., RIVERA, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court