Appellate Division: Second Judicial Department

M288723

KS/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

BARRY E. WARHIT, JJ.

2022-03423 Mates Fischer, appellant, v 58 Gerry St LLC, et al., respondents. (Index No. 531585/2021)

DECISION & ORDER ON MOTION

Appeal from an amended order of the Supreme Court, Kings County, dated April 13, 2022. Motion by the respondents 58 Gerry St LLC, Gerry Street Holdings LLC, and Abraham Brach to enlarge the record to include certain material or for this Court to take judicial notice of the material or, in the alternative, to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record, and to extend the time to file a respondents' 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 appellant's brief is granted to the extent that footnote 3 on page 24 of the brief is stricken, and on or before May 15, 2023, the appellant 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 respondents' brief is granted, and on or before June 15, 2023, the respondents 58 Gerry St LLC, Gerry Street Holdings LLC, and Abraham Brach shall serve and file their respondents' brief via NYSCEF; and it is further,

ORDERED that the motion is otherwise denied.

IANNACCI, J.P., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court