Appellate Division: Second Judicial Department

M274111

E/sl

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2019-12418 Shira Abraham, appellant, v Speedway, LLC, respondent. (Index No. 603778/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered October 9, 2019. Motion by the respondent to dismiss the appeal on the ground that the record contains matter dehors the record or, in the alternative, to strike pages 363 through 685 of the record and references to those pages in the appellant's brief, and to extend the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branches of the motion which are to strike pages 363 through 685 of the record and references to those pages in the appellant's brief are granted, the record and the appellant's brief are stricken, on or before December 16, 2020, the appellant shall serve and file, via NYSCEF, a replacement record that does not contain the material on pages 363 through 685 and a replacement brief that does not refer to that material, and the appellant shall file an original and five hard copies of the replacement record and the replacement appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is denied as premature.

RIVERA, J.P., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court