Turner v Owens Funeral Home, Inc.
Motion No: 2018-12577
Slip Opinion No: 2019 NY Slip Op 83442(U)
Decided on November 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M267176

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2018-12577

Shatima Turner, et al., respondents,

v Owens Funeral Home, Inc., et al.,

appellants, et al., defendants.

(Index No. 606377/16)

DECISION & ORDER ON MOTION

Motion by the respondents, in effect, to enlarge the record on an appeal from an order of the Supreme Court, Nassau County, entered October 12, 2018, to include certain deposition transcripts. Separate motion by the appellants to strike the respondents' brief on the ground that it refers 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 motions and the papers filed in opposition thereto, it is

ORDERED that the respondents' motion is denied; and it is further,

ORDERED that the branch of the appellants' motion which is to strike the respondents' brief is granted to the extent that the following material is stricken from the respondents' brief, and the motion is otherwise denied:

(1) the material on pages 8 and 9, under the title heading "Discovery Evidence" consisting of the title heading and the two complete paragraphs following that title heading;

(2) the first full paragraph on page 13;

(3) the second full paragraph on page 16; and

(4) the words "and the Cleckley Transcript" and the page reference "SR. 28" in the third full paragraph on page 21; and it is further,

ORDERED that on or before December 2, 2019, the respondents shall remove the stricken material from the copies of the respondents' brief filed with the Clerk of the Court and file a replacement digital copy of the respondents' brief which does not contain the stricken material, or serve and file a replacement respondents' 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 appellants' time to serve and file a reply brief is extended until December 23, 2019, and the reply brief shall be served and filed on or before that date.

DILLON, J.P., BALKIN, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court