Appellate Division: Second Judicial Department

M253074

E/sl

ALAN D. SCHEINKMAN, P.J.

CHERYL E. CHAMBERS

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2017-04935, 2017-04938 Veta Brown, plaintiff-respondent, v Home Sales, Inc., defendant-respondent, Eric Tenn Thomas, Jr., appellant, et al., defendants. (Index No. 504151/15)

DECISION & ORDER ON MOTION

Motion by the defendant-respondent to strike stated portions of the record and the appellant's brief on appeals from two orders of the Supreme Court, Kings County, both dated April 18, 2017, on the ground that they contain or refer to matter dehors the record. Separate motion by the appellant, inter alia, for the Court to take judicial notice of certain material.

Upon the papers filed in support of the defendant-respondent's motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the defendant-respondent's motion is granted, pages 636 through 644 and 661 through 666 of the record and references to those pages in the appellant's brief are stricken and on or before September 6, 2018, the appellant shall delete the stricken material from the copies of the record and the appellant's brief filed in the office of the Clerk of the Court or serve and file replacements that do not contain the stricken material; and it is further,

ORDERED that the appellant's motion is denied.

SCHEINKMAN, P.J., CHAMBERS, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court