Appellate Division: Second Judicial Department

M280420

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

ANGELA G. IANNACCI

WILLIAM G. FORD, JJ.

2019-13694 Korsinsky & Klein, LLP, appellant, v FHS Consultants, LLC, respondent. (Index No. 513969/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated October 2, 2019. Motion by the appellant to strike the respondent's replacement brief on the ground that it refers to matter dehors the record, to impose a sanction upon the respondent or its attorney, 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 to strike the respondent's replacement brief is granted to the extent that note 7 on page 25, note 8 on page 42, and note 9 on page 43 are stricken, and on or before January 7, 2022, the respondent shall upload a second replacement brief that does not contain the stricken material and is in other respects the same as the replacement brief previously filed, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion which is to extend the appellant's time to serve and file a reply brief is granted, and on or before January 24, 2022, the appellant shall serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., MALTESE, IANNACCI and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court