Appellate Division: Second Judicial Department

M270937

kbp/

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2019-09872 Pearl Shifer, appellant-respondent, v David Shifer, et al., defendants, Sara Stern, etc., respondent-appellant. (Index No. 1434/04)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to strike stated portions of the respondent-appellant's brief on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated August 2, 2019, 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 branch of the motion which is to strike stated portions of the respondent-appellant's brief is held in abeyance and referred to the panel of Justices hearing the appeal and the cross appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, the appellant-respondent's time to serve and file a reply brief is extended, and on or before June 19, 2020, the appellant-respondent shall serve the reply brief and upload digital copies of the reply brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the reply brief in accordance with any applicable administrative order or other order to be issued by the Court.

RIVERA, J.P., AUSTIN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court