Appellate Division: Second Judicial Department

M302248

AFA/

ANGELA G. IANNACCI, J.P.

VALERIE BRATHWAITE NELSON

HELEN VOUTSINAS

CARL J. LANDICINO, JJ.

2023-08808, 2024-01173 Shankar Kistamma, appellant, v M. Saintilus-Alce, et al., respondents, et al., defendants. (Index No. 608523/2020)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Nassau County, dated June 29, 2023, and December 27, 2023, respectively. Motion by the respondents County of Nassau, Nassau Inter-County Express Bus, and M. Saintilus-Alce to strike the brief filed by respondents Eric L. Deshields and Benjamin Sabir, on the ground that they are not parties to the appeals, and to amend the caption accordingly. Motion by the appellant to extend the time to serve and file a reply brief.

Upon the papers filed in support of the motion by the respondents County of Nassau, Nassau Inter-County Express Bus, and M. Saintilus-Alce and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion by the appellant and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the respondents County of Nassau, Nassau Inter-County Express Bus, and M. Saintilus-Alce is granted, the brief filed by respondents Eric L. Deshields and Benjamin Sabir is stricken, and the caption is amended to reflect that defendants Eric L. Deshields and Benjamin Sabir are not parties to the appeals; and it is further,

ORDERED that the motion by the appellant is granted, and on or before February 3, 2025, the appellant shall serve and file the 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., BRATHWAITE NELSON, VOUTSINAS and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court