Appellate Division: Second Judicial Department

M269283

kbp/

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2017-12414 Abdourahamane Sarr, appellant, v Public Storage Institutional Fund III, etc., respondent. (Index No. 2463/12)

DECISION & ORDER ON MOTION

Motion by the respondent to strike certain portions of the reply brief on an appeal from an order of the Supreme Court, Kings County, dated October 4, 2017.

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

ORDERED that the motion is granted to the extent that Part IV of the reply brief is stricken, on or before April 3, 2020, the appellant shall remove the stricken material from the copies of the appellant's reply brief filed with the Clerk of the Court and file a replacement digital copy of the appellant's reply brief which does not contain the stricken material, or serve and file a replacement appellant's 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 the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the decision and order on motion of this Court dated October 16, 2019, in the above-entitled matter is amended by deleting from the preamble thereof the words "by the appellant to extend" and substituting therefor the words "by the appellant, inter alia, to extend."

BALKIN, J.P., COHEN, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court