Appellate Division: Second Judicial Department

M245320

E/afa

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2017-06293 In the Matter of Renee Fishon, etc., respondent, v Richmond University Medical Center, appellant. (Index No. 100758/14)

DECISION & ORDER ON MOTION

Motion by the appellant to strike stated portions of the respondent's brief on an appeal from an order of the Supreme Court, Richmond County, dated June 15, 2017, 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 motion is granted; and it is further,

ORDERED that the third full sentence on page 21 of the respondent's brief is stricken and on or before February 28, 2018, the respondent shall either delete the stricken material from the copies of the respondent's brief filed with the Clerk of this Court, or remove and replace the page containing the stricken material from the copies of the respondent's brief filed with the Clerk of this Court, or serve and file a replacement respondent's brief that does not contain the stricken material; and it is further,

ORDERED that appellant's time to serve and file a reply brief is enlarged until March 14, 2018, and the reply brief shall be served and filed on or before that date.

RIVERA, J.P., MILLER, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court