Garries v MV Transportation, Inc.
Motion No: 2013-06884
Slip Opinion No: 2014 NY Slip Op 80120(U)
Decided on August 11, 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

M178220

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ.

2013-06884

Arthur Garries, appellant-respondent,

v MV Transportation, Inc., et al., respondents-

appellants.

(Index No. 21353/10)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants to strike footnote 8 of the appellant-respondent's reply brief on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated May 28, 2013, and to enlarge their time to serve and file a reply brief.

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

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

ORDERED that on or before August 25, 2014, the appellant-respondent shall remove footnote 8 from the copies of his reply brief filed with the Clerk of the Court; and it is further,

ORDERED that the respondents-appellants' time to serve and file a reply brief is enlarged until September 9, 2014, and the reply brief shall be served and filed on or before that date.

RIVERA, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court