Appellate Division: Second Judicial Department

M272882

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2019-02165 U.S. Bank National Association, etc., respondent, v Michael Sackaris, appellant, et al., defendants. (Index No. 607215/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated October 22, 2018. Motion by the appellant to strike the respondent's brief 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 branch of the motion which is to strike the respondent's brief is granted to the extent that on or before October 9, 2020, the respondent shall serve and file, via NYSCEF, a replacement brief that corrects the typographical error misidentifying the identity of the respondent and makes no other changes, and the respondent shall file an original and five hard copies of the replacement respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court, and that branch of the motion is otherwise denied; 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, on or before October 29, 2020, the appellant shall serve and file, via NYSCEF, a reply brief, and the appellant shall file an original and five hard copies of the reply brief in accordance with any applicable administrative order or other order to be issued by the Court.

RIVERA, J.P., MALTESE, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court