Appellate Division: Second Judicial Department

M296771

AFA/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

LILLIAN WAN, JJ.

2021-03866 Manuel Bourdier, et al., plaintiffs-respondents, v Metropolitan Transportation Authority, et al., appellants, Bart Fanizza, et al., defendants-responden (Index No. 708283/2016)

DECISION & ORDER ON MOTION ts.

Appeals from an order of the Supreme Court, Queens County, dated May 27, 2021. Motion by the respondent William Cheung for leave to serve and file a replacement brief. Cross-motion by the appellant Alicia Barnes 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, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the respondent William Cheung may serve and file a replacement brief containing both his contentions in response to the brief filed by the appellants Metropolitan Transit Authority, Empire Paratransit Corporation, and Damien Thomas, as well as his contentions in response to the brief filed by the appellant Alicia Barnes, on or before July 3, 2024, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and upload a digital copy of the replacement brief, with proof of service thereof, through the digital portal on this Court's website, and, upon the filing of the replacement brief, the brief previously filed by William Cheung will be stricken; and it is further,

ORDERED that the cross-motion is granted, and on or before July 15, 2024, the appellant Alicia Barnes shall serve and file her reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website.

IANNACCI, J.P., CHAMBERS, MALTESE and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court