| Mussenden v Rapid Processing, LLC |
| Motion No: 2021-09406 |
| Slip Opinion No: 2023 NY Slip Op 71071(U) |
| Decided on July 31, 2023 |
| 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. |
Appellate Division: Second Judicial Department
M290298
AFA/
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LINDA CHRISTOPHER
LILLIAN WAN, JJ.
|
2021-09406 David Mussenden, appellant, v Rapid Processing, LLC, et al., respondents. (Index No. 505094/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated November 12, 2021. Motion by the respondent Rapid Processing, LLC, to dismiss the appeal on the ground that the record contains material dehors the record, or, in the alternative, to strike stated portions of the record and to extend the 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 is granted to the extent that the record is stricken, and on or before August 30, 2023, the appellant shall serve and file, via NYSCEF, a replacement record that does not contain the material currently included in the record at pages 20-280 and pages 350-359; 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 September 29, 2023, the respondent Rapid Processing, LLC, shall serve and file its brief via NYSCEF; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., CHAMBERS, CHRISTOPHER and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court