Appellate Division: Second Judicial Department

M290997

AFA/

COLLEEN D. DUFFY, J.P.

JOSEPH J. MALTESE

LINDA CHRISTOPHER

CARL J. LANDICINO, JJ.

2021-04214 CIG, LLC, etc., respondent, v Lipsky Building Construction, Inc., et al., appellants, et al., defendants. (Index No. 606340/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated April 27, 2021. Motion by the respondent, inter alia, to strike stated portions of the appellants' brief and the appendix on the ground that they refer to or contain matter dehors the record, and to extend the time to serve and file a brief. Motion by the appellants, inter alia, to impose sanctions upon the respondent and/or its counsel.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the respondent's motion which is to strike stated portions of the appellants' brief and the appendix is granted to the extent that the appellants' brief and the appendix are stricken, on or before October 11, 2023, the appellants shall serve and file, via NYSCEF, a replacement appellants' brief that does not contain the material on page 7 and the first paragraph on page 8 and is in all other respects the same as the brief previously filed, and a replacement appendix that does not contain the material on pages A-186 through A-191, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the respondent's motion which is to extend the time to serve and file a brief is granted, and on or before November 14, 2023, the respondent shall serve and file the respondent's brief via NYSCEF; and it is further,

ORDERED that the respondent's motion is otherwise denied; and it is further,

ORDERED that the appellants' motion is denied.

DUFFY, J.P., MALTESE, CHRISTOPHER and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court