Appellate Division: Second Judicial Department

M276324

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2019-10568 Eulogio Rivera, et al., appellants, v Eliseo Caban, et al., respondents. (Index No. 519704/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 19, 2019. Motion by the appellants, inter alia, to strike the respondents' appendix and brief on the ground that they contain or refer to matter dehors the record, for an award of costs and an attorney's fee, to impose a sanction upon the respondents, and to extend the time to serve and file a reply 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 which is to strike the respondents' appendix and brief is granted, the respondents' appendix and brief are stricken, on or before April 26, 2021, the respondents shall serve a replacement brief which does not refer to matter dehors the record and upload a digital copy of the replacement brief, with proof of service thereof, through the digital portal on this Court's website, and the respondents shall file an original and five hard copies of the 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 time to serve and file a reply brief is denied as premature; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., AUSTIN, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court