Appellate Division: Second Judicial Department

M292306

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2023-01040 Park Premium Enterprise, etc., respondent, v Joseph Kahan, et al., appellants. (Index No. 505980/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated December 21, 2022. Motion by the respondent to strike stated portions of the record and appellants' brief 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 record and appellants brief is granted, pages 108 through 124 of the record and the appellants' brief are stricken, and on or before December 15, 2023, the appellants shall serve and file, via NYSCEF, a replacement record that does not contain the stricken material and is in all other respects the same as the record previously filed, and a replacement appellants' brief that does not refer to 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 January 15, 2024, 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; and it is further,

ORDERED that no further extension of time shall be granted.

CONNOLLY, J.P., MALTESE, WOOTEN and DOWLING, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court