Appellate Division: Second Judicial Department

M269866

kbp/

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2019-02812, 2019-02813 Rosemary Abakporo, appellant, v Theophine Abakporo, et al., respondents. (Index No. 9161/17)

DECISION & ORDER ON MOTION

Motion by the appellant to strike stated portions of the respondent Theophine Abakporo's brief on appeals from two orders of the Supreme Court, Queens County, dated December 11, 2018, and December 13, 2018, respectively, on the ground that they refer 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 and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and the following material is stricken from the respondent Theophine Abakporo's brief:

(1) the second paragraph on page 1;

(2) footnote 1 on pages 1 and 2; and

(3) the material in the second paragraph on page 5, starting with the words "upon information and belief" and ending with the words "E. Abakporo"; and it is further,

ORDERED that on or before March 26, 2020, the respondent Theophine Abakporo shall remove the stricken material from the copies of her brief filed with the Clerk of the Court and file a replacement digital copy of her brief which does not contain the stricken material, or serve and file a replacement brief, in both hard copy format and digital format in accordance with the rules of the Court (see 22 NYCRR 1250.9[a][1]), which does not contain the stricken material; and it is further,

ORDERED that the appellant's time to serve and file a reply brief is extended until April 9, 2020, and the reply brief shall be served and filed on or before that date.

DILLON, J.P., AUSTIN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court