Appellate Division: Second Judicial Department

M269423

kbp/

WILLIAM F. MASTRO, J.P.

JEFFREY A. COHEN

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2018-14507, 2019-03410, 2019-07938 Governing Body Commission of the International Society of Krishna Consciousness, et al., plaintiffs- respondents, v David Britten, et al., appellants, Finder Novick Kerrigan, LLP, defendant- respondent. (Index No. 524895/17)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated October 29, 2018, and June 26, 2019, respectively, and the denial of an application to sign an order to show cause of that court which occurred on January 23, 2019. Motion by the plaintiffs-respondents to dismiss the appeal from the denial of the application to sign the order to show cause which occurred on January 23, 2019, on the ground that it is neither appealable as of right nor by permission. Separate motion by the plaintiffs-respondents to strike stated portions of the record and the appellants' brief on the ground that they contain or refer to matter dehors the record. Application by the plaintiffs-respondents to extend the time to serve and file a brief.

Upon the papers filed in support of the motion to dismiss the appeal from the denial of the application to sign the order to show cause which occurred on January 23, 2019, and the papers filed in opposition thereto, upon the papers filed in support of the motion to strike stated portions of the record and the appellants' brief, and no papers having been filed in opposition or in relation 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 to dismiss the appeal from the denial of the application to sign the order to show cause which occurred on January 23, 2019, is granted, and the appeal purportedly taken as of right is dismissed, without costs or disbursements (see Khanal v Sheldon, 74 AD3d 894; Matter of Astoria Gas Turbine Power, LLC v Tax Commn. of City of N.Y., 14 AD3d 553; CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the record is granted, and on or before March 9, 2020, the appellants shall remove pages 35 through 49, 262 through 280, 338 through 681, 684 through 761, 765 through 776, 845 through 873, and 1265 through 1353 from the copies of the record filed with the Clerk of the Court, or serve and file a replacement record which does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the appellants' brief is granted, and on or before March 9, 2020, the appellants shall remove the material which begins on page 10 with "None of these efforts" and ends on page 13 with the words "its controlling body, Respondent GBC", including footnotes 8 through 24, from the copies of the appellants' brief filed with the Clerk of this Court, or serve and file a replacement brief that does not contain the stricken material; and it is further,

ORDERED that the application is granted, the plaintiffs-respondents' time to serve and file a brief is extended until April 8, 2020, and the plaintiffs-respondents' brief shall be served and filed on or before that date.

MASTRO, J.P., COHEN, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court