| ROSE ORTEGA AND RAYMOND ORTEGA V HEALTHCARE SERVICES GROUP, INC. |
| Motion No: CA 17-02152 |
| Slip Opinion No: 2018 NY Slip Op 76577(U) |
| Decided on June 29, 2018 |
| Appellate Division, Fourth 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. |
PRESENT: CENTRA, J.P., CARNI, NEMOYER, AND WINSLOW, JJ.
DOCKET NO. CA 17-02152
| ROSE ORTEGA AND RAYMOND ORTEGA, PLAINTIFFS-RESPONDENTS, V
HEALTHCARE SERVICES GROUP, INC., DEFENDANT-APPELLANT. |
Appellant having moved to strike a portion of the respondents' brief and for an extension of time to file and serve a reply brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 7, 2017,
Now, upon reading and filing the affidavit of R. Anthony Rupp, III, Esq., sworn to June 5, 2018, the notice of motion with proof of service thereof, and the affidavit of Laura C. Doolittle, Esq., sworn to June 19, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied insofar as it seeks to strike a portion of the respondents' brief without prejudice and leave to renew any arguments in support of the motion in the reply brief, and
It is further ORDERED that the motion is granted insofar as it seeks an extension of time to file a reply brief, on the condition the brief shall be filed and served on or before July 16, 2018.
Entered: June 29, 2018
Mark W. Bennett, Clerk