PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 16-00970

CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULU BAITY, DECEASED, PLAINTIFF-APPELLANT, V BUFFALO MUNICIPAL HOUSING AUTHORITY, ET AL., DEFENDANTS, GRACE MANOR HEALTH CARE FACILITY, INC., NELDA LAWLER, M.D, AND TERESA CHAU, M.D., DEFENDANTS-RESPONDENTS.

Respondents Nelda Lawler, M.D. and Teresa Chau, M.D. having moved to strike appellant's brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 11, 2015, and for other relief,

Now, upon reading and filing the affidavit of Paulette E. Ross, Esq., sworn to September 6, 2016, the notice of motion with proof of service thereof, the affirmation of Louis Rosado, Esq., dated September 9, 2016, and the affidavit of Adam C. Ferrandino, Esq., sworn to September 14, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to strike appellant's brief is granted, and appellant's brief is stricken, and

It is further ORDERED that appellant shall submit a new brief with respect to this appeal that fully complies with the Court's rules, on or before November 21, 2016, or the appeal is dismissed without further order of the Court, and

It is further ORDERED that respondents' briefs in response to appellant's new brief and reply briefs, if any, shall be filed in accordance with the Court's of this Court (see 22 NYCRR 1000.2 [d], [e]).

Entered: October 19, 2016

Frances E. Cafarell, Clerk