Appellate Division: Second Judicial Department

M192210

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

SHERI S. ROMAN

HECTOR D. LASALLE, JJ.

2014-05862, 2015-00552 Jason Kowalsky, respondent, v County of Suffolk, et al., appellants. (Index No. 41227/09)

DECISION & ORDER ON MOTION

Motion by the appellants to strike stated portions of the respondent's brief on an appeal from an order of the Supreme Court, Suffolk County, dated May 27, 2014, on the ground that they refer to matter dehors the record and to calendar together the appeal from the order dated May 27, 2014, with an appeal from a judgment of the same court entered November 19, 2014. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on the appeal from the order dated May 27, 2014.

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 motion is granted; and it is further,

ORDERED that the material beginning on page 12 with the point heading "The Damages Trial and the Jury's Verdict" through the end of Point I on page 15 of the respondent's brief is stricken, and on or before June 8, 2015, the respondent shall remove the stricken material from the copies of the respondent's brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain the stricken material; and it is further,

ORDERED that the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the application is granted, the appellants' time to serve and file a reply brief is enlarged until June 23, 2015, and the reply brief shall be served and filed on or before that date.

RIVERA, J.P., SKELOS, ROMAN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court