Appellate Division: Second Judicial Department

M259002

E/sl

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-04552 Betty Anne Charles, et al., plaintiffs-respondents, v Joseph Eliakim, et al., defendants third-party plaintiffs-respondents; Delta Airlines, Inc., et al., third-party defendants-appellants. (Index No. 707099/14)

DECISION & ORDER ON MOTION

Motion by the third-party defendants-appellants to strike the brief filed by defendants third-party plaintiffs-respondents on an appeal from an order of the Supreme Court, Queens County, dated March 19, 2018, on the ground that they do not have standing to file a brief, and to amend the caption to reflect that they are not a party to the appeal or, in the alternative, 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 branches of the motion which are to strike the brief filed by defendants third-party plaintiffs-respondents and to amend the caption are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; 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 third-party defendants-appellants' time to serve and file a reply brief is extended until January 22, 2019, and the reply brief shall be served and filed on or before that date.

LEVENTHAL, J.P., ROMAN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court