Appellate Division: Second Judicial Department

M278378

E/sl

ROBERT J. MILLER, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2021-01498 Roman Krawczyk, et al., appellants, v Incorporated Village of Lindenhurst, respondent, et al., defendants. (Index No. 621735/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated January 25, 2021. Motion by the respondent, inter alia, for leave to amend the respondent's brief. Motion by the appellants to strike the respondent's brief on the ground that it refers to matter dehors the record and/or improperly raises issues for the first time on appeal or, in the alternative, to strike stated portions of the respondent's brief.

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

ORDERED that the motion by respondent is denied; and it is further,

ORDERED that the branch of the motion by the appellants which is to strike the respondent's brief is granted, the respondent's brief and the appellant's reply brief are stricken, on or before September 11, 2021, the respondent shall serve and file a replacement brief via NYSCEF which does not append or refer to the resolutions dated July 16, 2019, October 6, 2020, and March 2, 2021; and it is further,

ORDERED that the motion by the appellants is otherwise denied.

MILLER, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court