Appellate Division: Second Judicial Department

M275016

E/sl

CHERYL E. CHAMBERS, J.P.

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2019-10749 Hovsep Gregorian, appellant, v New York Life Insurance Co., respondent. (Index No. 34349/2005)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated September 4, 2019. Motion by the respondent to deny the appellant leave to file an oversized brief, to strike the appellant's brief for failure to comply with the rules of the Appellate Division (see 22 NYCRR 1250.8), and dismiss the appeal for failure to timely perfect. Separate motion by the respondent to strike the record and the appellant's brief on the ground that they contain or refer to matter dehors the record, and to impose a sanction upon the appellant and the appellant's counsel.

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

ORDERED that the motion to deny the appellant leave to file an oversized brief, to strike the appellant's brief for failure to comply with the rules of the Appellate Division (see 22 NYCRR 1250.8), and dismiss the appeal for failure to timely perfect is denied; and it is further,

ORDERED that the branch of the motion which is to strike the record and brief is granted, the record and the appellant's brief are stricken, on or before March 2, 2021, the appellant shall serve a replacement record which contains only the papers that were filed in connection with the motion that was determined by the order dated September 4, 2019, and a replacement brief that refers only to those papers and complies with the rules of the Appellate Division (see 22 NYCRR 1250.8), and upload digital copies of the replacement record and replacement brief, with proof of service thereof, through the digital portal on this Court's website, and the appellant shall file an original and five hard copies of the replacement record and replacement 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 impose a sanction upon the appellant and the appellant's counsel is denied; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended, and on or before April 2, 2021, the respondent shall serve the respondent's brief and upload digital copies of the respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court.

CHAMBERS, J.P., BRATHWAITE NELSON, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court