Appellate Division: Second Judicial Department

M272886

E/sl

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2019-06028 Louis Kestenbaum, et al., respondents, v Julie Globus, appellant. (Index No. 516803/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated March 20, 2019. Motion by the respondents, inter alia, to strike stated portions 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 strike stated portions of the record is granted, pages 7 through 81 of the record are stricken, and on or before October 9, 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 time to serve and file a brief is granted, the respondents' time to serve and file a brief is extended, and on or before November 13, 2020, the respondents shall serve the respondents' brief and upload digital copies of the respondents' 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 respondents' 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.

LEVENTHAL, J.P., HINDS-RADIX, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court