Parabit Realty LLC v Levine
Motion No: 2023-04738
Slip Opinion No: 2024 NY Slip Op 65779(U)
Decided on April 12, 2024
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M295646

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2023-04738, 2023-04741, 2023-04742

Parabit Realty LLC, et al., respondents,

v Charles Levine, et al., appellants.

(Index No. 603570/2019)

DECISION & ORDER ON MOTION

Appeals from a judgment of the Supreme Court, Nassau County, dated March 28, 2023, and two orders of the same court dated March 28, 2023, and August 18, 2022, respectively. Motion by the appellant to strike stated portions of the respondents' brief on the ground that they refer to matter dehors the record.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further

ORDERED that on the Court's own motion, on or before May 13, 2024, the respondents shall serve and file a supplemental record containing Supreme Court, Nassau County, NYSCEF documents 49 and 50, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., CHAMBERS, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court