Barnes v Garda, LLC
Motion No: 2016-10246
Slip Opinion No: 2017 NY Slip Op 87030(U)
Decided on September 26, 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

M238323

E/afa

JOHN M. LEVENTHAL, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2016-10246, 2016-11931

Dominique Barnes, appellant-respondent,

v Garda, LLC, respondent-appellant,

Parsons QSR, LLC, doing business as

Checkers Drive-In Restaurants, Inc.,

respondent.

(Index No. 4540/14)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant for leave to serve and file a replacement brief on appeals from two orders of the Supreme Court, Queens County, entered August 29, 2016, and October 6, 2016, respectively, and, in effect, to direct the appellant-respondent to correct the covers of the copies of the appellant-respondent's brief and the joint record filed with the Clerk of the Court.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that on or before October 10, 2017, the appellant-respondent shall correct the covers of the copies of her brief and the joint record filed with the Clerk of the Court; and it is further,

ORDERED that the respondent-appellant's brief is stricken and on or before October 26, 2017, the respondent-appellant shall serve and file a replacement brief; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until November 27, 2017, and the respondent's brief shall be served and filed on or before that date.

LEVENTHAL, J.P., BARROS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court