Appellate Division: Second Judicial Department

M164489

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2012-10849 Luis Rosario, respondent, v Montalvo & Son Auto Repair Center, Ltd., appellant, et al., defendant. (Index No. 23045/07)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Kings County, dated September 27, 2012, for leave to reargue his opposition to the appellant's motion, inter alia, to strike the respondent's appendix, which was determined by decision and order on motion of this Court dated September 5, 2013.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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

ORDERED that on the Court's own motion, the respondent's time to comply with the decision and order on motion of this Court dated September 5, 2013, is extended until November 22, 2013, and on or before that date the respondent shall serve and file a replacement brief that does not refer to the Workers' Compensation Board's Memorandum Decision filed October 9, 2012, and an appendix that does not contain that document; and it is further,

ORDERED that on the Court's own motion, the appellant's time to serve and file a reply brief is enlarged until December 9, 2013, and the reply brief, if any, must be served and filed on or before that date.

RIVERA, J.P., ANGIOLILLO, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court