Appellate Division: Second Judicial Department

M211427

E/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

BETSY BARROS, JJ.

2015-04140, 2015-04141 Luis Duran, et al., appellants, v Temple Beth Shalom, Inc., respondent, et al., defendants. (Index No. 18173/10)

DECISION & ORDER ON MOTION

Motion by the defendant T.G. Nickel & Associates, LLC, inter alia, to strike Point IV of the respondent's brief on appeals from an order of the Supreme Court, Nassau County, dated March 4, 2015, and a judgment of the same court entered March 17, 2015. Application by the 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 Point IV of the respondent's brief is granted, Point IV of the respondent's brief is stricken, and on or before June 13, 2016, the respondent shall remove Point IV from the copies of the respondent's brief filed with the Clerk of the Court and correct the table of contents for the copies of those briefs, or serve and file a replacement brief that does not contain the stricken material and includes a corrected table of contents; and it is further,

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

ORDERED that the application is granted, the appellants' time to serve and file a reply brief is enlarged until June 28, 2016, and the reply brief must be served and filed on or before that date.

DILLON, J.P., SGROI, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court