Appellate Division: Second Judicial Department

M257955

E/sl

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

BETSY BARROS, JJ.

2018-01373 Gerald J. Caliendo, Architect, P.C., respondent, v Otts Ocean, LLC, appellant, et al., defendant. (Index No. 705591/15)

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, Queens County, entered December 14, 2017, and to extend 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 following material is stricken from the respondent's brief: (1) footnote one on page 5, (2) the paragraph beginning on the bottom of page 6 with the words "On page 9" and ending at the top of page 7 with the words "as of September 4, 2018," (3) the words "and still maintains on file as of September 2018, with the Secretary of State, i.e., 199 Lee Avenue PMB 103, Brooklyn, NY 11211" at the end of the last sentence of the last paragraph on page 8, (4) the second full sentence of the first full paragraph on page 12 which begins with the words "Moreover, that Otts," (5) the first full sentence on the third line of page 16 which begins with the words "Any assertion," and (6) the first sentence of the first full paragraph on page 16 which begins with the words "To the extent"; and it is further,

ORDERED that on or before January 3, 2019, the respondent shall delete the stricken material from the copies of respondent's brief filed with the Clerk of this Court or serve and file a replacement brief which does not contain the stricken material; and it is further,

ORDERED that the appellant's time to serve and file a reply brief is extended until January 18, 2019, and the reply brief shall be served and filed on or before that date.

RIVERA, J.P., COHEN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court