Appellate Division: Second Judicial Department

M272351

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2019-07168 Violet Welch, plaintiff, v 734-740 Broadway Realty, LLC, defendant third-party plaintiff-appellant Shahryar Sedgh, third-party defendant-respondent. (Index No. 504104/2016)

DECISION & ORDER ON MOTION ;

Appeal from an order of the Supreme Court, Kings County, dated April 18, 2019. Motion by the third-party plaintiff-respondent, inter alia, to strike pages 486 through 497 of the record on the ground that they contain matter dehors the record and to extend the time to serve and file a 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 pages 486 through 497 of the record is granted, and on or before September 11, 2020, the appellant shall serve a replacement record that does not contain the stricken material and upload a digital copy of the replacement record, 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 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 third-party plaintiff-respondent's time to serve and file a brief is denied as academic as the third-party plaintiff-respondent's brief was timely served and filed; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court