Reese v Jahan Contracting Co.
Motion No: 2013-10172
Slip Opinion No: 2014 NY Slip Op 76289(U)
Decided on June 25, 2014
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M175672

E/ct

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2013-10172

William Reese, plaintiff,

v Jahan Contracting Co., appellant.

(Index No. 7892/11)

DECISION & ORDER ON MOTION

Motion by the appellant to strike the plaintiff's brief on an appeal from an order of the Supreme Court, Kings County, dated June 13, 2013, on the ground that he is not a party to the appeal, or, in the alternative, to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion 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 the plaintiff's brief is granted and the plaintiff's brief is stricken; and it is further,

ORDERED that the motion is otherwise denied as academic.

SKELOS, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court