Appellate Division: Second Judicial Department

M261691

E/mm

ALAN D. SCHEINKMAN, P.J.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-08358 Caleb Daniel Ely, appellant, v Phase One Networks, Inc., respondent. (Index No. 2667/17)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated May 16, 2018, inter alia, to direct the appellant to serve and file a supplemental record containing the memoranda of law filed by the parties in connection with the motion that resulted in the order dated May 16, 2018, to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record or improperly raise arguments for the first time on appeal, and to extend the 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 direct the appellant to serve and file a supplemental record containing the memoranda of law filed by the parties in connection with the motion that resulted in the order dated May 16, 2018, is granted and on or before May 9, 2019, the appellant shall serve and file a supplemental record containing its memorandum of law dated January 8, 2018, and the respondent's memorandum of law dated February 23, 2018; and it is further,

ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until June 10, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SCHEINKMAN, P.J., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court