Hosannah v Millennium Abstract Corp.
Motion No: 2021-05955
Slip Opinion No: 2022 NY Slip Op 70204(U)
Decided on August 19, 2022
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M284546

AFA/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

LARA J. GENOVESI, JJ.

2021-05955

Eugenie Hosannah, etc., appellant,

v Millennium Abstract Corp., respondent,

et al., defendants.

(Index No. 510864/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated July 30, 2021. Motion by the respondent to strike stated portions of the record on the ground that they contain matter dehors the record, to direct the appellant to file a replacement record containing certain material, to strike stated portions of the appellant's brief on the ground that they improperly raise arguments for the first time on appeal, and to extend the time to serve and file a brief. Cross motion by the appellant, inter alia, to impose sanctions upon the respondent's counsel.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to strike stated portions of the record and to direct the appellant to file a replacement record are granted, the record is stricken, and, on or before September 19, 2022, the appellant shall file a replacement record, via NYSCEF, which contains Kings County NYSCEF Document No. 92 and does not include the material contained on pages 26 through 32, 38 through 41, 43 through 45, 49 through 142, 158 through 222, 231 through 235, 239 through 253, and 276 through 280 of the original record; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the appellant's brief is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before October 19, 2022, the respondent shall serve and file the respondent's brief via NYSCEF; and it is further,

ORDERED that the cross motion is denied.

BRATHWAITE NELSON, J.P., WOOTEN, ZAYAS and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court