| Hamilton v Pejdah |
| Motion No: 2018-13115 |
| Slip Opinion No: 2020 NY Slip Op 63357(U) |
| Decided on February 21, 2020 |
| 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
M269893
E/mb
CHERYL E. CHAMBERS, J.P.
JOHN M. LEVENTHAL
VALERIE BRATHWAITE NELSON
PAUL WOOTEN, JJ.
|
2018-13115 Shantel Hamilton, etc., respondent, v Mirsad Pejdah, et al., appellants. (Index No. 151618/17)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated October 3, 2018. Separate motion by the appellants to strike stated portions of the respondent's 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 motion to stay the trial and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, to strike stated portions of the respondent's brief and the papers filed in opposition thereto, it is
ORDERED that the motion to stay the trial is denied; and it is further,
ORDERED that the motion to strike stated portions of the respondent's brief on the ground that it refers to matter dehors the record and to extend the time to serve and file a reply brief is granted; and it is further,
ORDERED that the material listed in paragraph 19, located on pages 6 through 9, of the affirmation of Christopher Simone, dated November 19, 2019, filed in support of the motion, inter alia, to strike stated portions of the respondent's brief is stricken and on or before March 23, 2020, the respondent shall remove the stricken material from the copies of the respondent's brief filed with the Clerk of the Court and file a replacement digital copy of the respondent's brief which does not contain the stricken material, or serve and file a replacement respondent'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 appellants' time to serve and file a reply brief is extended until April 13, 2020, and the reply brief shall be served and filed on or before that date.
CHAMBERS, J.P., LEVENTHAL, BRATHWAITE NELSON and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court