| Brown-Wilks v Vornado Realty Trust |
| Motion No: 2018-09655 |
| Slip Opinion No: 2019 NY Slip Op 71798(U) |
| Decided on June 4, 2019 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M263210
E/mm
LEONARD B. AUSTIN, J.P.
BETSY BARROS
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2018-09655, 2018-09656 Paulette Brown-Wilks, appellant, v Vornado Realty Trust, et al., respondents. (Index No. 30299/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent Johnson Controls, Inc., inter alia, to strike stated portions of the record and the appellant's brief on appeals from two orders of the Supreme Court, Queens County, dated March 16, 2017, and May 30, 2018, respectively, on the ground that they contain or refer to matter dehors the record and to extend the time to serve and file a brief. Application by the respondent Johnson Controls, Inc., pursuant to 22 NYCRR 1250.9(g)(1) 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, and upon the papers filed in support of 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 page 134 of the record is granted and on or before July 8, 2019, the appellant shall remove the stricken material from the copies of the record filed with the Clerk of the Court and file a replacement digital copy of the record which does not contain the stricken material, or serve and file a replacement record, 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 strike the appellant's brief is granted and on or before July 8, 2019, the appellant shall serve and file a replacement brief which does not refer to the stricken material; and it is further,
ORDERED that the branch of the motion which is to extend the time of the respondent Johnson Controls, Inc., to serve and file a brief and the application for that relief are granted. the time of the respondent Johnson Controls, Inc., to serve and file a brief is extended until August 7, 2019, and the brief of the respondent Johnson Controls, Inc., shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court