| Westchase Residential Assets II, LLC v Concepcion |
| Motion No: 2018-14032 |
| Slip Opinion No: 2019 NY Slip Op 86445(U) |
| Decided on December 19, 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
M268352
E/sl
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
LINDA CHRISTOPHER, JJ.
|
2018-14032, 2018-14033 Westchase Residential Assets II, LLC, respondent, v Tina Concepcion, appellant, et al., defendants. (Index No. 135261/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss appeals from two orders of the Supreme Court, Richmond County, both dated September 19, 2018, on the ground that the record is inadequate or, in the alternative, to strike stated portions of the appellant's brief on the ground that they improperly raise issues for the first time on appeal, to strike stated portions of the record on the ground that they contain matter dehors the record, 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 stated portions of the appellant's brief on the ground that they improperly raise issues for the first time on appeal is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to strike stated portions of the record on the ground that they contain matter dehors the record is granted, and on or before January 21, 2020, the appellant shall remove pages 417 through 425 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 extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until February 20, 2020, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
CHAMBERS, J.P., ROMAN, COHEN and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court