Appellate Division: Second Judicial Department

M253205

E/mm

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-07504 Glenn C. Kleiber, respondent, v Robert P. Fichtel, et al., appellants. (Index No. 17200/13)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to strike stated portions of the respondent's brief on an appeal from an order of the Supreme Court, Queens County, dated June 19, 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 branch of the motion which is to strike footnotes 2 and 3 on pages 3 and 4 and the material beginning with the first full paragraph on page 12 through the first paragraph on page 13 of the respondent's brief is granted, and on or before August 15, 2018, the respondent shall delete the stricken material from the copies of the respondent's brief filed with the Clerk of the Court or serve and file a replacement brief which does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellants' time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until September 4, 2018, and the reply brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court