Appellate Division: Second Judicial Department

M295091

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

LILLIAN WAN

CARL J. LANDICINO, JJ.

2023-03260 Tracy Moore Rymer, appellant, v Steven Bernstein, etc., respondent. (Index No. 707079/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated February 16, 2023. Motion by the respondent to dismiss the appeal on the ground that the appendix is inadequate. or, in the alternative, in effect, to strike the appendix on the ground, inter alia, that it is inadequate and contains 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 branches of the motion which are to dismiss the appeal on the ground that the appendix is inadequate or, in the alternative, in effect, to strike the appendix, are granted to the extent that the appendix and the appellant's brief are stricken, and on or before April 22, 2024, the appellant shall serve and file a replacement appendix that contains all relevant papers considered by the Supreme Court, Queens County, in connection with the motion that was determined by the order dated February 16, 2023, does not contain matter dehors the record, contains a table of contents that accurately describes the papers included in the appendix, is properly paginated, and contains proper headings, in compliance with CPLR 5528 and 5529 and 22 NYCRR 1250.7(d), and a replacement appellant's brief that contains appropriate page citations to the replacement appendix, but which is in all other respects the same as the brief previously filed, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement appendix and replacement appellant's brief and upload a digital copy of the replacement appendix and replacement appellant's brief, with proof of service thereof, through the digital portal on this Court's website, and those branches of the motion are otherwise denied; and it is further,

ORDERED that the branch of motion which is to extend the time to serve and file a brief is granted, and on or before May 22, 2024, the respondent shall serve and file its 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.

BRATHWAITE NELSON, J.P., MALTESE, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court