Appellate Division: Second Judicial Department

M267042

kbp/

LEONARD B. AUSTIN, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2018-09655, 2018-09656 Paulette Brown-Wilks, appellant, v Vornado Realty Trust, et al., respondents. (Index No. 30299/09)

DECISION & ORDER ON MOTION

Motion by the respondent Johnson Controls, Inc., inter alia, to strike stated portions of the appellant's brief that refer to matters dehors the record on appeals from two amended orders of the Supreme Court, Queens County, dated March 19, 2017, and May 30, 2018, respectively. Applications by the respondents Vornado Realty Trust and Green Acres Mall, LLC, and the respondent Johnson Controls, Inc., to extend the time to serve and file their respective briefs.

Upon the papers filed in support of the motion and the applications, and the papers filed in opposition thereto, it is

ORDERED that the application by the respondent Johnson Controls, Inc., is granted, the time of the respondent Johnson Controls, Inc., to serve and file its brief is extended until December 2, 2019, and the brief shall be served and filed on or before that date; and it is further,

ORDERED that the application by the respondents Vornado Realty Trust and Green Acres Mall, LLC, is denied as unnecessary, as the brief was accepted for filing; and it is further,

ORDERED that the motion is denied.

AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court