Appellate Division: Second Judicial Department

M284697

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

LILLIAN WAN, JJ.

2021-04814 In the Matter of Jeffrey Fleischer, respondent, v Rafe Friedman, appellant. (Index No. 709948/2020)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated June 3, 2021. Motion by the appellant to strike stated portions of the respondent's brief on the ground that it refers to matter dehors the record, or in the alternative, for leave to file a supplemental record, and for an extension of time to serve and file a reply brief.

Now, upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED the branch of the motion which is to strike stated portions of the respondent's brief is granted, the second paragraph of page 46 of the respondent's brief is stricken, and on or before September 30, 2022, the respondent shall serve and file, via NYSCEF, a replacement brief that does not contain the stricken material and is in all other respects the same as the brief previously filed; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, and on or before October 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 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.

CONNOLLY, J.P., MALTESE, WOOTEN and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court