Appellate Division: Second Judicial Department

M262124

E/mm

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2017-12514, 2018-01558 Leonel Reyes, appellant, v Astoria 31st Street Developers, LLC, et al., respondents. (Index No. 7856/15)

DECISION & ORDER ON MOTION

Motion by the appellant to strike stated portions of the respondents' brief on appeals from two orders of the Supreme Court, Queens County, entered November 2, 2017, and December 13, 2017, respectively, on the ground that they refer to matter dehors the record, and to extend the time to serve and file a reply 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 stated portions of the respondents' brief is granted, the references in the respondents' brief to the respondents' proposed supplemental record are stricken, and on or before May 22, 2019, the respondents shall remove the stricken material from the copies of the brief filed with the Clerk of the Court and file a replacement digital copy of the brief which does not contain the stricken material, or serve and file a replacement brief, in both hard copy format and digital format in accordance with the rules (see 22 NYCRR 1250.9[c][1]),which does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is extended until June 6, 2019, and the reply brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., LEVENTHAL, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court