Appellate Division: Second Judicial Department

M291787

AFA/

JOSEPH J. MALTESE, J.P.

LINDA CHRISTOPHER

WILLIAM G. FORD

LAURENCE L. LOVE, JJ.

2022-05534 Zorayda Hernandez, plaintiff-respondent, v 38-09 Junction Realty, LLC, defendant-respondent, City of New York, et al., appellants, et al., defendant (Index No. 714742/2017)

DECISION & ORDER ON MOTION s.

Appeal from an order of the Supreme Court, Queens County, dated June 17, 2022. Motion by the plaintiff-respondent to strike stated portions of the brief of the appellant City of New York on the ground that they refer to matter 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 strike stated portions of the brief of the appellant City of New York is granted, the references to NYSCEF documents 428, 431, 449, 450, and 481 on page 12 of the brief are stricken, and on or before November 22, 2023, the appellant City of New York 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 brief is granted, and on or before December 22, 2023, the plaintiff-respondent shall serve and file the plaintiff-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., CHRISTOPHER, FORD and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court