Appellate Division: Second Judicial Department

M147542

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2011-10613 Dorothy M. Faison, etc., appellant, v Tonya Lewis, etc., et al., defendants, Bank of America, N.A., et al., respondents. (Index No. 21046/10)

DECISION & ORDER ON MOTION

Motion by the appellant to strike stated portions of the respondents' briefs on an appeal from an order of the Supreme Court, Kings County, dated September 13, 2011, and to enlarge the time to serve and file a reply brief. Separate application by Tonya Lewis 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 branch of the motion which is to strike stated portions of the respondents' briefs is granted, footnote 2 on page 6 and the last sentence of the first full paragraph on page 18 of the brief of the respondent Bank of America, N.A., and the second sentence of the first full paragraph on page 16 of the brief of the respondent Mortgage Electronic Registration Systems, Inc., are stricken, and on or before December 26, 2012, each respondent shall remove the stricken material from the copies of their respective briefs filed with the Clerk of the Court or serve and file replacement briefs that do not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until January 7, 2013, and the reply brief must be served and filed on or that date; and it is further,

ORDERED that Tonya Lewis's application to enlarge the time to serve and file a brief is denied as she is not a respondent on the appeal.

SKELOS, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court