Appellate Division: Second Judicial Department

M200026

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2013-09804 Disa Realty, Inc., respondent, v Kishor Rao, etc., appellant, et al., defendants. (Index No. 10206/12)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered July 22, 2013. Cross motion by the respondent, inter alia, to strike the appellant's brief on the ground that it refers to matter dehors the record and improperly raises issues for the first time on appeal, to enlarge the time to serve and file a brief, and for an award of costs.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross motion which is to strike the appellant's brief is granted, the appellant's brief is stricken, and on or before November 13, 2015, the appellant shall serve and file a replacement brief which does not refer to matter dehors the record or improperly raise issues for the first time on appeal; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until December 14, 2015, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion which is for an award of costs is denied; and it is further,

ORDERED that the cross motion is otherwise denied as academic.

RIVERA, J.P., BALKIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court