Appellate Division: Second Judicial Department

M273789

E/sl

SHERI S. ROMAN, J.P.

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2019-10217 1424 Auto Sales, Ltd., etc., respondent, v Joel Drezdner, appellant. (Index No. 1455/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Orange County, dated July 3, 2019. Motion by the appellant to strike pages RA1 through RA6 of the respondent's appendix as well as certain material in the respondent's brief, on the ground that they contain or refer to matter dehors the record, and for an award of costs.

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

ORDERED that the motion is granted to the extent that the respondent's appendix and the respondent's brief are stricken, on or before November 30, 2020, the respondent shall serve a replacement respondent's appendix that does not contain the material on pages RA1 through RA6 of the respondent's appendix, serve a replacement respondent's brief that does not contain the references to that material on pages 7, 8, and 25 of the respondent's brief, and upload digital copies of the replacement respondent's appendix and the replacement respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and the respondent shall file an original and five hard copies of replacement respondent's appendix and replacement respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court, and the motion is otherwise denied.

ROMAN, J.P., DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court