Appellate Division: Second Judicial Department

M291596

AFA/

JOSEPH J. MALTESE, J.P.

WILLIAM G. FORD

BARRY E. WARHIT

LOURDES M. VENTURA, JJ.

2022-03098 Sanjeevani Patel, appellant, v Gardens at Forest Hills Owners Corp., respondent. (Index No. 704649/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated March 31, 2022. Motion by the respondent to dismiss the appeal on the ground that the record contains material that is dehors the record, or in the alternative, to strike stated portions of the appellant's record on the ground that they contain material that is dehors 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 dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the appellant's record is granted, pages 93 through 2,417, of the record are stricken, and on or before November 15, 2023, the appellant shall serve and file, via NYSCEF, a replacement record that does not contain the stricken material and is in other respects the same as the record previously filed; 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 December 15, 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.

MALTESE, J.P., FORD, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court