Supreme Court of the State of New York, Appellate Division : Second Judicial Department

May 22, 2026

2024-12276, 530468/2022

Lara J. Genovesi, J.P.

Deborah A. Dowling

Lillian Wan

Phillip Hom, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated September 10, 2024. Motion by the appellant to strike stated portions of the respondents' brief on the ground that they contain and refer to matter dehors the record 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 stated portions of the respondents' brief is granted, Exhibit A appended to the respondents' brief and all references thereto on pages 17 through 19 of the respondents' brief are stricken, and on or before June 22, 2026, the respondents shall serve and file a replacement brief that does not contain or refer to the stricken material and is in all other respects the same as the brief previously filed via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and upload digital copies of the replacement brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion is granted, the appellant's time to serve and file a reply brief is extended, and on or before July 7, 2026, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, 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.

GENOVESI, J.P., DOWLING, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court