Appellate Division: Second Judicial Department

M282243

MB/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

DEBORAH A. DOWLING, JJ.

2020-07522, 2020-07523 Accounts Retrievable System, Inc., etc., respondent, v Peter G. McKiernan, appellant. (Index No. 66010/2019)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Westchester County, dated August 6, 2020, and a judgment of the same court dated August 12, 2020. Motion by the appellant to strike stated portions of the respondent's brief on the ground that they 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 respondent's brief is granted to the extent that the third and fourth paragraphs on page 2 of the respondent's brief are stricken, and on or before May 2, 2022, the respondent shall upload a replacement brief that does not contain the stricken material and is in other respects the same as the brief previously filed, through the digital portal on this Court's website; and it is further,

ORDERED that 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 May 17, 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 brief, with proof of service thereof, through the digital portal on this Court's website.

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

ENTER:

Maria T. Fasulo

Clerk of the Court