Appellate Division: Second Judicial Department

M272908

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

LEONARD B. AUSTIN

LINDA CHRISTOPHER, JJ.

2019-08285 August West Development, LLC, respondent, v Dairus Griffiths, appellant. (Index No. 16028/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 3, 2019. Motion by the respondent, inter alia, to strike the appellant's brief on the ground that it refers to matter dehors the record or improperly raises arguments for the first time on appeal. 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 branch of the motion which is to strike the appellant's brief is granted and on or before November 20, 2020, the appellant shall serve a replacement brief that does not refer to newspaper articles or contain the material in the section of the brief titled "Additional Relevant Post-Decision Facts," and does not raise the contentions contained in Point II of the brief, and upload a digital copy of the appellant's 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 appellant's replacement 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; and it is further,

ORDERED that the cross motion is denied.

SCHEINKMAN, P.J., MASTRO, AUSTIN and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court