Appellate Division: Second Judicial Department

M263451

E/mm

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-06803 Luciano Bonanni, et al., respondents-appellants, v Horizons Investors Corp., et al., appellants-respond Allan Hausknecht, etc., respondent, et al., defendants (Index No. 17029/05)

DECISION & ORDER ON MOTION ents, .

Motion by the appellants-respondents Horizons Investors Corp. and Benito Fernandez, inter alia, to strike the respondents-appellants' reply brief on appeals and a cross appeal from a judgment of the Supreme Court, Suffolk County, entered May 10, 2017, and for a preference in the calendaring of the appeals and cross appeal. Cross motion by the respondents-appellants to impose a sanction upon the appellants-respondents Horizons Investors Corp. and Benito Fernandez, and for an award of costs and an attorney's fee.

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-appellants' reply brief is granted to the extent that the following is stricken from the reply brief: (1) footnote 2 on page 2; (2) the second paragraph on page 2; (3) the paragraph which begins on page 2 with the words "And the last paragraph" and ends on page 3 with the words "total word count.);" and (4) the portion of the second sentence in the second-to-last paragraph on page 6 which begins with the words "and further confirmed" and ends with the words "this Reply Brief"; and it is further,

ORDERED that on or before July 8, 2019, the respondents-appellants shall remove the stricken material from the copies of the reply brief filed with the Clerk of the Court and file a replacement digital copy of the reply brief which does not contain the stricken material, or serve and file a replacement reply 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 for a preference in the calendaring of the appeals and cross appeal is granted and the appeals and cross appeal will be calendared expeditiously; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

BALKIN, J.P., AUSTIN, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court