Appellate Division: Second Judicial Department

M274489

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2020-06125 IPA Asset Management, LLC, appellant, v Brian Schuman, et al., respondents. (Index No. 605520/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated July 24, 2020. Motion by the respondents Brian Schuman, No. Nebraska Realty, LLC, 7 Harding Realty, LLC, 27 Washington Realty, LLC, and Washington New Realty, LLC, in effect, to strike the record and the appellant's brief on the ground that they contain or refer to matter dehors the record, 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 motion is granted; and it is further,

ORDERED that on or before January 11, 2021, the appellants shall serve and file, via NYSCEF, a replacement record that does not contain the material on pages 633 through 685 and 764 through 866 of the record and a replacement brief that does not refer to the material on those pages, and the appellants shall file an original and five hard copies of the replacement record and the replacement appellants' brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the time of the respondents Brian Schuman, No. Nebraska Realty, LLC, 7 Harding Realty, LLC, 27 Washington Realty, LLC, and Washington New Realty, LLC, to serve and file a brief via NYSCEF is extended until February 11, 2021, and the respondents Brian Schuman, No. Nebraska Realty, LLC, 7 Harding Realty, LLC, 27 Washington Realty, LLC, and Washington New Realty, LLC, shall file an original and five hard copies of the respondents' brief in accordance with any applicable administrative order or other order to be issued by the Court.

DILLON, J.P., MILLER, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court