Appellate Division: Second Judicial Department

M262610

E/afa

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2018-04803 Vanderbilt Mortgage and Finance, Inc., appellant, v Glenda Ammon, respondent, et al., defendants. (Index No. 12152/09)

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, Kings County, dated January 2, 2018, and to extend the time to serve and file a reply brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to strike stated portions of the respondent's brief is granted, and the following material is stricken: (1) first sentence of the first full paragraph on page 5, beginning with the words "On August 3, 2009," (2) the material beginning in the first sentence of the first paragraph on page 21 with the words "in its 2009 ex parte motion" and ending with the citation "pp. 6-7)," (3) footnote 3 on page 21, and (4) footnote 8 on page 38; and it is further,

ORDERED that on or before June 12, 2019, the respondent shall remove the stricken material from the copies of the respondent's brief filed with the Clerk of the Court and file a replacement digital copy of the respondent's brief which does not contain the stricken material, or serve and file a replacement respondent's brief, in both hard copy format and digital format in accordance with the rules (see 22 NYCRR 1250.9[c][1]),which does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to extend the appellant's time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is extended until June 24, 2019, and the reply brief shall be served and filed on or before that date.

DILLON, J.P., CHAMBERS, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court