Appellate Division: Second Judicial Department

M271193

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2019-04957 John Latora, respondent, v Victor Ferreira, appellant. (Index No. 512079/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated January 31, 2019. Motion by the respondent, inter alia, to strike the record on the ground that it is inadequate and contains matter dehors the record, to strike the appellant's brief on the ground that it refers to matter dehors the record, to direct the appellant to serve and file a replacement record and replacement brief, and to extend the time to serve and file a respondent's brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to strike the record and the appellant's brief, and to direct the appellant to serve and file a replacement record and replacement brief are granted, and on or before July 23, 2020, the appellant shall serve and upload a digital copy of a replacement record, with proof of service thereof, through the digital portal on this Court's website, that includes all of the papers filed in connection with the motion that was determined by the order dated January 31, 2019, including the opposition to the motion, and serve and upload a digital copy of a replacement appellant's brief, with proof of service thereof, through the digital portal on this Court's website, that does not refer to matter dehors the record, and file an original and five hard copies of the replacement record and the replacement appellant's 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 respondent's brief is granted, and on or before August 24, 2020, the respondent shall serve and upload a digital copy of the respondent's 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 respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., ROMAN, CHRISTOPHER and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court