Appellate Division: Second Judicial Department

M267076

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JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2019-02006 Blinds To Go, Inc., respondent-appellant, v Times Plaza Development, L.P., appellant- respondent. (Index No. 41932/03)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant for leave to serve and file a supplemental joint record containing certain material on an appeal and a cross appeal from a judgment of the Supreme Court, Kings County, dated January 29, 2019. Cross motion by the appellant-respondent to strike the respondent-appellant's brief on the ground that it refers to matter dehors the record. Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to extend the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the cross 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 motion is granted to the extent that on or before December 9, 2019, the respondent-appellant shall serve and file a supplemental joint record containing its entire post trial memorandum of law and the settled transcript of the proceedings which occurred on June 27, 2018, and the motion is otherwise denied; and it is further,

ORDERED that the cross motion is granted to the extent that the second-to-last paragraph on page 21 and the citation "R.1110-1132" in the first full paragraph on page 35 are stricken from the respondent-appellant's brief and on or before December 9, 2019, the respondent-appellant shall remove the stricken material from the copies of the respondent-appellant's brief filed with the Clerk of the Court and file a replacement digital copy of the respondent-appellant's brief which does not contain the stricken material, or serve and file a replacement respondent-appellant's 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 the cross motion is otherwise denied; and it is further,

ORDERED that the application is granted, the appellant-respondent's time to serve and file a reply brief is extended until January 8, 2020, and the reply brief shall be served and filed on or before that date.

LEVENTHAL, J.P., MILLER, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court