| Giannas v 100 3rd Avenue Corp. |
| Motion No: 2016-07614 |
| Slip Opinion No: 2017 NY Slip Op 78442(U) |
| Decided on June 28, 2017 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M233649
E/sl
JOHN M. LEVENTHAL, J.P.
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
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2016-07614 Ioannis Giannas, appellant-respondent, v 100 3rd Avenue Corp., et al., defendants, Rockledge Scaffolding Corp., respondent- appellant, Apollo Tech Iron Work Corp., et al., respondents (and a third-party action). (Index No. 11897/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to strike the brief filed by the respondent JF Contracting Corp. on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated June 24, 2016, as untimely served and filed, or, in the alternative, for leave to serve and file a replacement reply brief or supplemental reply brief. Separate motion by the appellant-respondent to direct that the parties pay for their share of the cost of the joint record and joint supplemental record.
Upon the papers filed in support of the motions, the papers filed in opposition to the motion, inter alia, to strike the brief filed by the respondent JF Contracting Corp., and no papers having been filed in opposition or in relation to the motion to direct the parties to pay their share of the cost of the joint record and supplemental joint record, it is
ORDERED that the branch of the motion which is for leave to serve and file a supplemental reply brief is granted and on or before July 13, 2017, the appellant-respondent shall serve and file the supplemental reply brief in reply to the brief filed the respondent JF Contracting Corp.; and it is further,
ORDERED that the branches of the motion which are to strike the brief filed by the respondent JF Contracting Corp. or for leave to serve and file a replacement reply brief are denied ; and it is further,
ORDERED that the motion to direct the parties pay for their share of the cost of the joint record and supplemental joint record is granted, and on or before July 13, 2017, the respondent-appellant shall pay its share of the cost of the joint record and file proof of payment with the Clerk of the Court and the appellant-respondent shall pay its share of the cost of the joint supplemental record and file proof of payment with the Clerk of the Court.
LEVENTHAL, J.P., LASALLE, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court