Appellate Division: Second Judicial Department

M272350

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2019-07501 Michael Ellis, appellant, v Sirico's Catering, Inc., et al., respondents. (Index No. 503248/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 30, 2019. Motion by the respondents to strike stated portions of the record and the appellant's brief on the ground that they contain or refer to matter dehors the record. Cross motion by the appellant for the Court to take judicial notice of certain material.

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

ORDERED that the motion is granted, and the record and the appellant's brief are stricken; and it is further,

ORDERED that on the Court's own motion, the respondent's brief is stricken; and it is further,

ORDERED that on or before September 11, 2020, the appellant shall serve a replacement record containing only the papers filed in connection with the respondents' motion, inter alia, for summary judgment that was determined by the order dated May 30, 2019, and a replacement brief that contains proper references to the replacement record, and upload digital copies of the replacement record and replacement appellant'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 replacement record and 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 cross motion is denied.

RIVERA, J.P., BALKIN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court