Appellate Division: Second Judicial Department

M224125

E/ct

MARK C. DILLON, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2015-12214 Alfred Ibrahim, etc., appellant, v Laila Hanna, et al., defendants, Rasheed R. Beckles, et al., respondents. (Index No. 12423/08)

DECISION & ORDER ON MOTION

Motion by the respondents to strike the appellant's replacement brief on an appeal from an order of the Supreme Court, Kings County, dated October 22, 2015, on the ground that it refers to matter dehors the record, for an award of costs, and to impose a sanction upon the appellant, or, in the alternative, to enlarge their time to serve and file a 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 appellant's replacement brief is granted, the appellant's brief is stricken, and on or before February 8, 2017, the appellant shall serve and file a replacement brief that does not refer to the material stricken by the decision and order on motion of this Court dated September 15, 2016, or other matter dehors the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until March 10, 2017, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., MILLER, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court