| August West Development, LLC v Griffiths |
| Motion No: 2019-08285 |
| Slip Opinion No: 2021 NY Slip Op 62101(U) |
| Decided on February 19, 2021 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M275623
E/mm
REINALDO E. RIVERA, J.P.
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2019-08285 August West Development, LLC, respondent, v Dairus Griffiths, appellant. (Index No. 16028/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated May 3, 2019. Motion by the respondent to dismiss the appeal on the ground that the appellant's brief does not comply with a decision and order on motion of this Court dated October 21, 2020, or, in the alternative, to strike the appellant's brief and direct the appellant to serve and file a replacement, to extend the time to serve and file a respondent's brief, and for an award of costs and an attorney's fee.
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 strike the appellant's brief and direct the appellant to serve and file a replacement is granted, the appellant's brief is stricken, on or before March 22, 2021, the appellant shall serve a replacement brief that does not refer to newspaper articles or contain the material in the section of the original brief titled "Additional Relevant Post-Decision Facts," and does not raise the contentions contained in Point II of the original brief, and is otherwise the same in content as the original brief, and upload a digital copy of the appellant's 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 appellant's 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 extend the respondent's time to serve and file a brief is denied as premature; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., CONNOLLY, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court