| Matter of McDowell v Blue Point Fire Department |
| Motion No: 2017-11145 |
| Slip Opinion No: 2018 NY Slip Op 78440(U) |
| Decided on July 23, 2018 |
| 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. |
Appellate Division: Second Judicial Department
M252960
E/mm
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
HECTOR D. LASALLE
ANGELA G. IANNACCI, JJ.
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2017-11145 In the Matter of Warren McDowell, appellant, v Blue Point Fire Department, respondent. (Index No. 34360/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the statement of facts section from the appellant's brief on an appeal from a judgment of the Supreme Court, Suffolk County, dated August 8, 2017, and to enlarge the time to serve and file a brief. Cross motion by appellant, in effect, for leave to serve and file a replacement brief containing an amended statement of facts section.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the cross motion is granted, and on or before August 22, 2018, the appellant shall serve and file a replacement brief containing an amended statement of facts section; and it is further,
ORDERED that the branch of the motion which is to strike the statement of facts section is denied as academic; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until September 21, 2018, and the respondent's brief shall be served and filed on or before that date.
DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court