Appellate Division: Second Judicial Department

M208448

E/sl

RANDALL T. ENG, P.J.

CHERYL E. CHAMBERS

THOMAS A. DICKERSON

FRANCESCA E. CONNOLLY, JJ.

2015-11844 William Freely, appellant, v Eric D. Donnenfeld, etc., et al., respondents. (Index No. 601780/13)

DECISION & ORDER ON MOTION

Motion by the appellant to strike stated portions of the respondents' brief on an appeal from an order of the Supreme Court, Nassau County, entered November 12, 2015, on the ground that they improperly raise issues for the first time on appeal, or, in the alternative, for the Court to take judicial notice of certain medical journal articles or, in effect, to enlarge the record to include the medical journal articles, and 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, it is

ORDERED that the branch of the motion which is to strike stated portions of the respondents' brief is denied on condition that on or before April 4, 2016, the respondents shall delete the word "ophthalmologist" from the line 11 on page 9 of the copies of the respondents' brief filed with the Clerk of the Court and replace that word with the word "optometrist"; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until April 18, 2016, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., CHAMBERS, DICKERSON and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court