Appellate Division: Second Judicial Department

M281964

MB/

FRANCESCA E. CONNOLLY, J.P.

REINALDO E. RIVERA

ROBERT J. MILLER

PAUL WOOTEN, JJ.

2021-03009 Tommaso Giusti, respondent, v LG CHEM, Ltd., appellant, et al., defendants. (Index No. 621643/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated March 26, 2021. Motion by the respondent for leave to serve and file a supplemental record containing certain documents under seal. Separate motion by the appellant to strike portions of the respondent's brief on the ground that they refer to matter dehors the record, or in the alternative, to enlarge the record and to extend the time to serve and file a reply brief.

Upon the papers filed in support of the respondent's motion and the papers filed in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the respondent's motion is granted to the extent that on or before April 18, 2022, the respondent shall serve and file the supplemental record, which shall be marked confidential, and the supplemental record may not be viewed by the public, but may be viewed by the parties to the appeal, counsel appearing on their behalf, or representatives of counsel, authorized in writing to view the confidential material, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of a supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the respondent's motion is otherwise denied; and it is further,

ORDERED that the branch of the appellant's motion which is to strike portions of the respondent's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the appellant's motion which is to enlarge the record

is denied; and it is further,

ORDERED that the branch of the appellant's motion which is to extend the time to serve and file a reply brief is granted, and on or before May 3, 2022, 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.

CONNOLLY, J.P., RIVERA, MILLER and WOOTEN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court