Lopez, an infant by his mother and natural guardian, Basit v City of N
Motion No: 2016-09536
Slip Opinion No: 2017 NY Slip Op 80454(U)
Decided on July 20, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M234704

E/afa

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2016-09536

Angelo Lopez, an infant by his mother and

natural guardian, Tasneem Basit, et al.,

respondents, v City of New York, et al.,

appellants, et al., defendant.

(Index No. 32466/08)

DECISION & ORDER ON MOTION

Motion by the appellants to strike the respondents' brief or stated portions of the brief on an appeal from an order of the Supreme Court, Kings County, dated June 17, 2016, on the ground that those portions of the brief improperly raise issues for the first time on appeal, 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 the respondents' brief or stated portions of the brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellants' time to serve and file a reply brief is granted, the appellants' time to serve and file a reply brief is enlarged until July 31, 2017, and the reply brief shall be served and filed on or before that date.

LEVENTHAL, J.P., COHEN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court