Rogers v Peter Scalamandre & Sons, Inc.
Motion No: 2020-03999
Slip Opinion No: 2024 NY Slip Op 62379(U)
Decided on February 14, 2024
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M294169

AFA/

ANGELA G. IANNACCI, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2020-03999

Michael Rogers, plaintiff-respondent,

v Peter Scalamandre & Sons, Inc.,

appellant-respondent, Certified Interiors,

Inc., respondent-appellant (and a third-party

action).

(Index No. 618568/2016)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Suffolk County, dated May 15, 2020. Motion by appellant-respondent, in effect, for leave to file a replacement 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 motion is granted, the appellant-respondent's previously filed reply brief is stricken, and on or before March 15, 2024, the appellant-respondent shall serve and file, via NYSCEF, a replacement reply brief containing both the appellant-respondent's contentions in reply to the answering brief filed by the respondent-appellant as well as the appellant's contentions in reply to the brief filed by the plaintiff-respondent.

IANNACCI, J.P., MALTESE, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court