| Aboulissan v Kingsland 79, LLC |
| Motion No: 2019-11498 |
| Slip Opinion No: 2020 NY Slip Op 72318(U) |
| Decided on September 30, 2020 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M273282
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON, JJ.
|
2019-11498, 2019-14207 Mohammed Aboulissan, appellant, v Kingsland 79, LLC, respondent. (Index No. 510852/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated September 23, 2019, and a judgment of the same court dated November 6, 2019. Motion by the respondent to strike the appellant's brief on the ground that it refers to matter dehors the record and to enlarge the record to include certain documents. Cross motion by the appellant to enlarge the record to include certain documents.
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 it is further,
ORDERED that the appellant's brief is stricken, and on or before October 28, 2020, the appellant shall serve a replacement brief that does not refer to NYSCEF documents 245, 258, 259, 263, 264, 301, 325, 352, 358, and 360, and upload a digital copy of the replacement brief, with proof of service thereof, through the digital portal on this Court's website, and the appellant shall file an original and five hard copies of the replacement brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that on or before October 28, 2020, the appellant shall serve a supplemental record that contains NYSCEF documents 58 through 126, 128, and 152 through 156, and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and the appellant shall file an original and five hard copies of the supplemental record 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., LEVENTHAL, LASALLE and n BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court