Appellate Division: Second Judicial Department

M271206

kbp/

ALAN D. SCHEINKMAN, P.J.

ROBERT J. MILLER

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2019-05832 Luis Caguana, appellant, v Beach 22, LLC, et al., defendants, Sunny Builders NY Corp., respondent. (Index No. 700851/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated March 28, 2019. Motion by the appellant, in effect, to strike 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. Cross motion by the respondent to enlarge the record to include a certain document.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is, in effect, to strike the respondent's brief is granted, and on or before July 8, 2020, the respondent shall serve and file a replacement brief via NYSCEF that complies with the rules of this Court and does not contain matter dehors the record, and file an original and five hard copies of the replacement brief in accordance with any applicable administrative order or other order to be issued by the Court; 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's time to serve and file a reply brief via NYSCEF is extended until July 29, 2020, and the appellant shall 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; and it is further,

ORDERED that the cross motion is denied.

SCHEINKMAN, P.J., MILLER, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court