PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 13-00402

DAVID M. REYNOLDS, CLAIMANT-RESPONDENT-APPELLANT, V STATE OF NEW YORK, DEFENDANT-APPELLANT-RESPONDENT. (CLAIM NO. 106738.)

Defendant having moved to strike claimant's respondent's brief on the appeal taken herein from a judgment of the Court of Claims entered in the Office of the Clerk of said court on November 5, 2012, on the ground that it raises arguments only in support of claimant's abandoned cross appeal or, in the alternative, having moved for an extension of time to file and serve a reply brief, and

Claimant having moved to vacate the dismissal of his cross appeal taken from the judgment entered November 5, 2012,

Now, upon reading and filing the affirmations of Jonathan D. Hitsous, Esq., dated December 30, 2013, and January 15, 2014, the affidavits of Charles F. Burkwit, Esq., sworn to January 7, 2014, and January 13, 2014, the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that defendant's motion is denied insofar as it seeks to strike the respondent's brief of claimant, and

It is further ORDERED that defendant's motion is granted insofar as it seeks an extension of time to file and serve a reply brief, and the reply brief shall be filed and serve on or before February 13, 2014, and

It is further ORDERED that claimant's motion is granted insofar as it seeks to vacate dismissal of the cross appeal, and the Clerk is directed to accept claimant's brief for filing in its entirety.

Entered: January 24, 2014

Frances E. Cafarell, Clerk