Appellate Division: Second Judicial Department

M268175

E/sl

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2018-13020 Norman Grant Riddell, et al., appellants, v City of New York, et al., respondents. (Index No. 13180/12)

DECISION & ORDER ON MOTION

Motion by the respondents to strike as inadequate the record on an appeal from an order of the Supreme Court, Queens County, dated July 26, 2018, to strike the appellants' brief on the ground that it refers to matter dehors the record, in effect, to direct the appellant to serve and file a replacement record and a replacement brief, 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 strike the record and the appellants' brief, and, in effect, to direct the appellant to serve and file a replacement record and a replacement brief is granted, and on or before January 13, 2020, the appellants shall serve and file a replacement record that includes all of the exhibits annexed to the affirmation in support of the motion for summary judgment and the reply affirmation in support of the motion for summary judgment, and a brief that does not refer to matter dehors the record in Point IX; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is denied as unnecessary.

AUSTIN, J.P., ROMAN, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court