Appellate Division: Second Judicial Department

M273102

MB/

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2018-12208 Patricia Hinds, respondent, v 33rd Street Astoria Inc., appellant, et al., defendants. (Index No. 503741/2013)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated August 22, 2018. Motion by the appellant, inter alia, to strike stated portions of the respondent's brief on the ground that they refer to matter dehors the record. Application by the appellant pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a reply brief.

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 application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted, the appellant's time to serve and file a reply brief is extended, and on or before October 6, 2020, the appellant shall serve the reply brief and upload a digital copy of the reply 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 reply brief in accordance with any applicable administrative order or other order to be issued by the Court.

BALKIN, J.P., COHEN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court