Appellate Division: Second Judicial Department

M275205

E/sl

REINALDO E. RIVERA, J.P.

COLLEEN D. DUFFY

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2020-02338 Arthur Palmer, appellant, v Cadman Plaza North, Inc., et al., respondents. (Index No. 22701/2011)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated December 11, 2019. Motion by the respondents Cadman Plaza North, Inc., and Board of Directors of Brooklyn North, Inc., to strike stated portions of the record and to extend the time to serve and file a brief. Separate motion by the respondents Wentworth Property Management and Steven Hyatt to extend the time to serve and file a brief and, in effect, to enlarge the record to include certain material.

Upon the papers filed in support of the motion by the respondents Cadman Plaza North, Inc., and Board of Directors of Brooklyn North, Inc., and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the respondents Wentworth Property Management and Steven Hyatt and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion by the respondents Cadman Plaza North, Inc., and Board of Directors of Brooklyn North, Inc., which is to strike stated portions of the record is granted, pages 900 through 964 of the record are stricken, on or before February 24, 2021, the appellant shall upload, through the digital portal on this Court's website, a digital copy of a replacement volume 2 of the record which does not contain the material on those pages, and the appellant shall file an original and five hard copies of the replacement volume 2 of the record in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the branches of the motions which are to extend the respondents' time to serve and file their respective briefs are granted, the respondents' time to serve and file their respective briefs is extended, and on or before March 24, 2021, the respondents shall serve their respective briefs and upload digital copies of their respective briefs, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of their respective briefs 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 by Wentworth Property Management and Steven Hyatt which is, in effect, to enlarge the record to include certain material is denied.

RIVERA, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court