Appellate Division: Second Judicial Department

M269408

kbp/

WILLIAM F. MASTRO, J.P.

JEFFREY A. COHEN

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2019-04929 HSBC, etc., appellant, v Collis B. Alexis, et al., defendants, Wyonas Estates, LLC, etc., respondent. (Index No. 500683/15)

DECISION & ORDER ON MOTION

Motion by respondent, inter alia, to strike stated portions of the appellant's brief on an appeal from an order of the Supreme Court, Kings County, dated January 25, 2019, on the ground that it improperly raises issues for the first time on appeal.

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 is granted to the extent of striking Point I; and it is further,

ORDERED that on or before March 9, 2020, the appellant shall remove the stricken material from the copies of the appellant's brief filed with the Clerk of this Court and file a replacement digital copy of the appellant's brief which does not contain the stricken material, or serve and file a replacement 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 it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended until April 8, 2020, and the respondent's 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