Appellate Division: Second Judicial Department

M295967

AFA/

BETSY BARROS, J.P.

JOSEPH J. MALTESE

BARRY E. WARHIT

CARL J. LANDICINO, JJ.

2022-07102, 2022-07103 Atlantica, LLC, plaintiff, v Cheryl Hunte, etc., appellant, et al., defendants; Bonifera, LLC, nonparty-respondent. (Index No. 622777/2017)

DECISION & ORDER ON MOTION

Appeals from an order and judgment (one paper) and an order of the Supreme Court, Suffolk County, both dated July 27, 2022. Motion by the respondent to strike stated portions of the record and the appellant's brief on the ground that they contain and refer to matter dehors the record, and to dismiss the appeal from so much of the order as denied an application to sign an order to show cause.

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

ORDER that the branches of the motion which are to strike stated portions of the record and the appellant's brief are denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from so much of the order as denied an application to sign an order to show cause is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

BARROS, J.P., MALTESE, WARHIT and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court