Appellate Division: Second Judicial Department

M278540

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2020-05737 Robert Bernstein, et al., respondents, v Maryse Costantino, et al., appellants. (Index No. 618888/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated June 8, 2020. Motion by the respondents, in effect, to enlarge the record to include material relating to certain proceedings in the Village Justice Court of Quogue, Suffolk County, and for leave to serve and file an appendix. Cross motion by the appellants to strike the respondents' brief on the ground that it refers to matter dehors the record, for an award of costs and 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 cross motion, and the papers filed in opposition thereto, it is

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

ORDERED that the branch of the cross motion which is to strike the respondents' brief is granted, and on or before September 3, 2021, the respondents shall serve and file a replacement brief via NYSCEF which does not refer to the proceedings in the Village Justice Court of Quogue, Suffolk County, or to the proposed appendix; and it is further,

ORDERED that the branch of the cross motion which is for an award of costs and to impose a sanction upon the respondents is denied; and it is further,

ORDERED that the branch of the cross motion which is to extend the appellants' time to serve and file a reply brief is denied as premature.

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

ENTER:

Aprilanne Agostino

Clerk of the Court