Appellate Division: Second Judicial Department

M241219

E/ct

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2017-02912 Norma Ramos, appellant, v NYCHA, respondent, et al., defendant. (Index No. 4659/16)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, pending determination of an appeal from an order of the Supreme Court, Kings County, dated November 4, 2016, and for a preference in the calendaring of the appeal. Cross motion by the respondent to strike the appellant's brief on the ground that it refers to matter dehors the record. Separate motion by the appellant, inter alia, to enlarge the record to include a certain document.

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

ORDERED that the branch of the motion which is to stay all proceedings is denied; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted, and the appeal will be calendared expeditiously after all of the briefs have been filed; and it is further,

ORDERED that the cross motion is granted, the appellant's brief is stricken, and on or before December 11, 2017, the appellant shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,

ORDERED that the motion, inter alia, to enlarge the record is denied.

ENG, P.J., LEVENTHAL, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court