Appellate Division: Second Judicial Department

M273769

E/sl

LEONARD B. AUSTIN, J.P.

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON

PAUL WOOTEN, JJ.

2018-14507, 2019-03410 Governing Body Commission of the International Society of Krishna Consciousness, et al., plaintiffs- respondents, v David Britten, et al., appellants, Finder Novick Kerrigan, LLP, defendant- respondent. (Index No. 524895/2017)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated October 29, 2018, and January 23, 2019, respectively. Joint motion by the plaintiffs-respondents to strike stated portions of the appellants' brief on the ground that they refer to matter dehors the record.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the briefs filed by the parties are stricken, on or before November 27, 2020, the appellants shall serve a replacement brief that does not refer to the material on pages 35 through 49, 262 through 280, 338 through 681, 684 through 761, 765 through 776, 845 through 873, and 1265 through 1353 of the original record 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 appellants 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.

AUSTIN, J.P., MILLER, BRATHWAITE NELSON and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court