Appellate Division: Second Judicial Department

M288253

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

BARRY E. WARHIT, JJ.

2021-05916 Brocha Lipszyc, appellant, v Shmuel Munish Lipszyc, et al., respondents. (Index No. 615689/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated June 24, 2021. Motion by the appellant, inter alia, to strike to strike stated portions of the brief of the respondent Chabad Lubavitch of Plainview, Inc., 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 brief of the respondent Chabad Lubavitch of Plainview, Inc., is granted to the extent that the portion of Point VI.A. of the brief which begins with the first full paragraph on page 45 and ends on page 48 is stricken, and on or before May 5, 2023, the respondent Chabad Lubavitch of Plainview, Inc., 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 May 22, 2023, the appellant shall serve and file the reply brief via NYSCEF; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., CHAMBERS, MALTESE and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court