Appellate Division: Second Judicial Department

M113722

E/ct

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2009-09430 Howard Johnson, appellant, v City of Peekskill, respondent. (Index No. 09-12595)

DECISION & ORDER ON APPLICATION

Application by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered September 2, 2009, to enlarge his time to comply with a decision and order on motion of this Court dated December 8, 2010, which, inter alia, directed him to remove certain material from the copies of the appellant's appendix and brief filed with the Clerk of the Court or serve and file replacements by a date certain.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted, and the decision and order on motion dated December 8, 2010, is amended by deleting from the second decretal paragraph thereof the date "January 3, 2011," and substituting thereof the date "January 21, 2011," so that on or before January 21, 2011, the appellant shall remove the material set forth in the order dated December 8, 2010, from the copies of the appellant's appendix and brief filed with the Clerk of the Court or serve and file replacements that do not contain or refer to the stricken material; and it is further,

ORDERED that the appellant's time to serve and file a reply brief is enlarged until January 21, 2011, and the reply brief, if any, must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time to comply with the decision and order on motion dated December 8, 2010, or the time to serve and file a reply brief shall be granted.

COVELLO, J.P., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court