Appellate Division: Second Judicial Department

M161369

S/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2013-02155 Sarah Toby Sobel, plaintiff-respondent, v City of New York, et al., defendants-respondents, Phoenix Gift Shop, appellant, et al., defendant. (Index No. 34311/08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated November 15, 2012, inter alia, to strike the brief of the respondent Sarah Toby Sobel or to strike stated portions of the brief on the ground that it refers to matter dehors the record, and 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 and in relation thereto, it is

ORDERED that the branch of the motion which strike the brief of the respondent Sarah Toby Sobel or to strike stated portions of the brief is granted to the extent that footnote 1 on page 1 of the brief of Sarah Toby Sobel is stricken and on or before September 12, 2013, the respondent Sarah Toby Sobel shall delete that footnote from the copies of the brief on file with this Court, and that branch of the motion is otherwise denied; 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 and the appellant's time to serve and file a reply brief is enlarged until September 12, 2013, and the reply brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court