Jeanine Celentano v Boo Realty LLC and Jo Lu Properties Corp.

Motion No: M-6754

Slip Opinion No: 2018 NYSlipOp 62829(U)

Decided on February 1, 2018

Appellate Division, First 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.

February 1, 2018

Jeanine Celentano,

Plaintiff-Respondent,

v

Boo Realty, LLC and Jo Lu Properties,

Corp.,

Defendants-Appellants.

An appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about January 9, 2017, and said appeal having been perfected, And defendants-appellants having moved to strike respondent's brief and for an extension of time to file their reply brief (M-6587), And plaintiff-respondent having cross-moved to strike defendants-appellants' brief, for leave to enlarge the record on appeal to include a certain deposition transcript and for sanctions against defendants (M-6754), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion to strike respondent's brief is granted to the extent of deeming struck those portions of said brief related to the August 11, 2017 deposition (Resp. Br. pp. 2-3, fn.2 and p. 11, fn.4) and adjourning the appeal to the April 2018 Term (M-6587). Appellants are directed to file a reply brief by March 9, 2018 for said April 2018 Term. The cross-motion is denied in its entirety (M-6754). ENTERED: February 1, 2018

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta,Presiding Justice, Dianne T. Renwick Barbara R. Kapnick Marcy L. Kahn Cynthia S. Kern,Justices

M-6754

M-6587

Index No. 301773/16