Appellate Division: Second Judicial Department

M289478

AFA/

HECTOR D. LASALLE, P.J.

FRANCESCA E. CONNOLLY

CHERYL E. CHAMBERS

JANICE A. TAYLOR, JJ.

2022-02202 Nadia Youkelsone, plaintiff, v Elaine Pannagl, defendant third-party plaintiff-respondent; Pavel Samoilov, third-party defendant-appellant. (Index No. 38/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated January 13, 2022. Motion by the respondent to strike stated portions of the record and appellant's brief on the ground that they contain and refer to matter dehors the record, to direct the appellant to serve and file a supplemental record containing certain material, and for an extension of time to serve and file a 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 record and appellant's brief is granted, pages 266 to 334 of the record and the appellant's brief are stricken, and on or before July 12, 2023, the appellant shall serve and file, via NYSCEF, a replacement record that does not contain the stricken material and shall serve and file a replacement brief that does not refer to the material on pages 266 to 334, and that are 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 direct appellant to serve and file a supplemental record is granted, and on or before July 12, 2023, the appellant shall serve and file a supplemental record containing Exhibit 4 to the third-party plaintiff's affirmation in opposition filed June 23, 2021, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record with proof of service thereof, through the digital portal on this Court's website; 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 August 11, 2023, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

LASALLE, P.J., CONNOLLY, CHAMBERS and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court