Appellate Division: Second Judicial Department

M129691

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2010-10610 Ethel M. Burwell, plaintiff-respondent, et al., plaintiff, v City of New York, respondent-appellant, Robin Gilgeors Auto Service, etc., defendant-respondent, Shmuel Zeevi, et al., appellants-respondents. (Index No. 36834/04)

DECISION & ORDER ON MOTION

Motion by appellants-respondents on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated October 7, 2010, inter alia, to strike stated portions of the plaintiff-respondent's supplemental brief. Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) 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, and 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 motion is granted to the extent that the following material is stricken from the plaintiff-respondent's supplemental brief:

(1) Question No. 2 and the answer to that question in the Counter Statement of Questions Presented on pages 1 and 2;

(2) First full paragraph on page 6, begining with the words "It is undisputed" and ending with the words "fire hydrant";

(3) Paragraph beginning on the bottom of page 11 with the words "With regard to" and ending on the top of page 12 with the words "parking lot"; and

(4) Point II on pages 26 through 38, as well as the Point II point heading in the Table of Contents; and it is further,

ORDERED that on or before December 15, 2011, the plaintiff-respondent shall remove the stricken material from the copies of the supplemental brief filed with the Clerk of the Court, or serve and file a replacement supplemental brief that does not contain the stricken material; and it is further,

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

ORDERED that the application is granted, the time of the City of New York to serve and file a reply brief is enlarged until December 30, 2011, and the reply brief shall be served and filed on or before that date.

SKELOS, J.P., LEVENTHAL, BELEN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court