Appellate Division: Second Judicial Department

M237532

E/afa

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

LINDA CHRISTOPHER, JJ.

2017-05049 Krystel Wright, etc., respondent, v Morning Star Ambulette Svcs., Inc., et al., defendants, Robert Meyerson, etc., appellant. (Index No. 1533/14)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated March 10, 2017, to strike the appellant's brief or stated portions of the brief on the ground that they refer to matter dehors the record, to amend the caption, and to enlarge the time to serve and file a 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 footnote 2 on page 31 and the second full paragraph on page 31 of the appellant's brief is granted, and on or before October 5, 2017, the appellant shall remove the stricken material from the copies of the appellant's brief on file with the Clerk of this Court; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until November 6, 2017, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., HALL, ROMAN and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court