Appellate Division: Second Judicial Department

M280040

E/sl

REINALDO E. RIVERA, J.P.

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER

LARA J. GENOVESI, JJ.

2020-03659 Joseph Bono, et al., appellants, v Stim & Warmuth, P.C., et al., respondents. (Index No. 616396/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated February 24, 2020. Motion by the respondents, inter alia, to dismiss the appeal on the ground that the appellant's appendix is inadequate, or, in the alternative, to strike the appellant's appendix and the appellant's brief on the ground that they contain or refer to matter dehors the record, and to extend the time to serve and file a 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 to strike the appellant's appendix and the appellant's brief is granted, and on or before December 10, 2021, the appellant shall serve and file a replacement appellant's appendix, via NYSCEF, that does not contain the material on pages A99, A100, and A118 through A141, that contains all of the papers filed in connection with the respondents' motion that was determined by the order dated February 24, 2020, and that does not contain Suffolk County Clerk's Index No. 601774/2018 on the cover or the CPLR 5531 statement; and it is further,

ORDERED that the branch of the motion which is to extend the respondents' time to serve and file a brief is granted, and on or before January 9, 2022, the respondents shall serve and file a brief, via NYSCEF; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., BRATHWAITE NELSON, CHRISTOPHER and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court