Appellate Division: Second Judicial Department

M276596

E/sl

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2020-02990 Joseph Hackett, etc., et al., respondents, v Bahar Bybordi, etc., et al., defendants, Brooklyn Hospital Center, defendant third-party plaintiff; Ilbris Yarde, etc., third-party defendant- appellant. (Index No. 19414/2012)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated January 27, 2020. Motion by the respondents to enlarge the record to include a certain affirmation dated July 23, 2019, and for leave to serve and file a supplemental or replacement brief, or, in the alternative, to strike the appellant's reply brief on the ground that it refers to matter dehors the record.

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 reply brief is granted and on or before May 3, 2021, the appellant shall serve a replacement reply brief that does not refer to the affirmation dated July 23, 2019, including the material contained in the first three sentences of the first full paragraph on page 3, beginning with the words "The respondent all" and ending with the words "correct his error" and upload a digital copy of the replacement reply 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 reply brief, in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., HINDS-RADIX, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court