Appellate Division: Second Judicial Department

M183476

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

SANDRA L. SGROI, JJ.

2014-01951 Forest Mall, LLC, et al., appellants, v FKF3, LLC, et al., defendants, Mitchell Klein, respondent. (Index No. 7652/10)

DECISION & ORDER ON MOTION

Motion by the defendant John F. Magee, inter alia, in effect, to strike the appellants' brief on an appeal from a judgment of the Supreme Court, Rockland County, entered December 12, 2013, on the ground that it improperly raises arguments against him. Application by the defendant John F. Magee pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, to strike the appellants' brief on the ground that it improperly raises arguments against the defendant John F. Magee is granted as the brief only contains arguments asserted against the defendant John F. Magee, the appellants' brief is stricken, and on or before January 12, 2015, the defendant may serve and file a replacement brief that does not raise any arguments with respect to the defendant John F. Magee; and it is further,

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

ORDERED that the application is denied as academic.

RIVERA, J.P., LEVENTHAL, CHAMBERS and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court