| Sternberg v Continuum Health Partners, Inc. |
| Motion No: 2018-02231 |
| Slip Opinion No: 2018 NY Slip Op 91781(U) |
| Decided on December 26, 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
M258626
E/sl
HECTOR D. LASALLE, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
|
2018-02231 Martin Sternberg, appellant, v Continuum Health Partners, Inc., et al., respondents. (Index No. 17871/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike the respondents' brief on an appeal from an order of the Supreme Court, Kings County, dated November 22, 2017, on the ground that it was not timely filed or, in the alternative, to extend the time to serve and file a reply brief. Cross motion by the respondents to impose a sanction upon the appellant.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the respondents' brief is denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is extended until January 7, 2019, and the reply brief shall be served and filed on or before that date; and it is further,
ORDERED that no further extension of time shall be granted; and it is further,
ORDERED that the cross motion is denied.
LASALLE, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court