Appellate Division: Second Judicial Department

M294464

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2022-05653 Onewest Bank N.A., appellant, v All Heirs at Law, etc., of Aud M. Moran, respondent, et al., defendants. (Index No. 135608/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated May 27, 2022. Motion by the respondent to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record, for an extension of time to serve and file a respondent's brief, and for an award of attorney's fees and costs.

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 appellant's brief is granted, the appellant's brief is stricken, and on or before March 27, 2024, the appellant shall serve and file, via NYSCEF, a replacement brief which does not refer to matters dehors the record; 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 April 26, 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 the branch of the motion which is for an award of attorney's fees and costs is denied.

BARROS, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court