Appellate Division: Second Judicial Department

M197423

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2014-02979, 2014-03584 George Galbraith, respondent-appellant, v Westchester County Health Care Corporation, appellant-respondent. (Index No. 28420/10)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to strike stated portions of the appellant-respondent's reply brief on appeals and cross appeals from a judgment of the Supreme Court, Westchester County, dated February 7, 2014, and a decision of the same court dated January 3, 2014, and to impose a sanction upon the appellant-respondent. Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply 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 to strike stated portions of the appellant-respondent's reply brief is granted, the last paragraph on page 48, pages 49 through 51, and the first paragraph on page 52, including the block quote and citation "McGoldrick Aff., at ¶11" are stricken, and on or before September 4, 2015, the appellant-respondent shall delete that material from the copies of the appellant-respondent's reply brief filed with the Clerk of the Court or serve and file a replacement appellant-respondent's reply brief that does not contain the stricken material; and it is further,

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

ORDERED that the application is granted, the respondent-appellant's time to serve and file a reply brief is enlarged until September 14, 2015, and the respondent-appellant's reply brief must be served and filed on or before that date.

BALKIN, J.P., ROMAN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court