| Garcia v Sunny Transportation Services |
| Motion No: 2011-11776 |
| Slip Opinion No: 2012 NY Slip Op 69490(U) |
| Decided on April 5, 2012 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M135891
E/ct
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
|
2011-11776 Yasmin Garcia, respondent, v Sunny Transportation Services, et al., appellants. (Index No. 18371/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike Point III of the appellants' brief on an appeal from an order of the Supreme Court, Kings County, dated November 2, 2011, on the ground that it raises an argument that has been rendered academic. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a 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, Point III of the brief is stricken, and on or before April 26, 2012, the appellant shall serve and file a replacement brief that does not contain the argument referred to in Point III of the original brief; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until May 29, 2012, and the respondent's brief must be served and filed on or before that date.
ANGIOLILLO, J.P., DICKERSON, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court