Appellate Division: Second Judicial Department

M242596

E/ct

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2017-01541 David Mussenden, appellant, v Rapid Processing, LLC, et al., respondents. (Index No. 505663/14)

DECISION & ORDER ON MOTION

Motion by the respondent Rapid Processing, LLC, inter alia, to strike stated portions of the appellant's appendix and brief on an appeal from an order of the Supreme Court, Kings County, dated January 4, 2017, on the ground that it contains or refers to matter dehors the record. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to strike pages A-9 through A-13 and statement of facts paragraph 3 on pages 5 through 6 of the appellant's appendix and brief is granted, and those portions of the appellant's appendix and brief are stricken, and on or before December 29, 2017, the appellant shall remove the stricken material from the copies of the appellant's appendix and brief filed with the Clerk of this Court or serve and file a replacement appellant's appendix and brief which does not contain or refer to the stricken material, and the motion is otherwise denied; and it is further,

ORDERED that the application is granted, the appellant's time to serve and file a reply brief is enlarged until January 12, 2018, and the reply brief shall be served and filed on or before that date.

CHAMBERS, J.P., ROMAN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court