| BR Madison LLC v McCord |
| Motion No: 2022-03499 |
| Slip Opinion No: 2024 NY Slip Op 71536(U) |
| Decided on July 26, 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. |
Appellate Division: Second Judicial Department
M294403
AFA/
VALERIE BRATHWAITE NELSON, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
LOURDES M. VENTURA, JJ.
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2022-03499, 2022-03500, 2023-05692 BR Madison LLC, respondent, v Estelle Y. McCord, etc., defendant, Paris J. Woods, etc., appellant. (Appeal Nos. 1 and 2) BR Madison LLC, respondent, v Estelle Y. McCord, etc., et al., appellants. (Appeal No. 3) (Index No. 605937/2021)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Nassau County, dated March 2, 2022, April 5, 2023, and a judgment of the same court dated March 23, 2022. Motion by the appellant Paris J. Woods, inter alia, in effect, to enjoin the respondent from encumbering or transferring the subject property, pending hearing and determination of the appeal. Motion by the respondent to strike stated portions of the record and appellants' brief on the ground that they contain and 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 motions and the papers filed in opposition thereto, it is
ORDERED that the motion by the appellant Paris J. Woods is denied; and it is further,
ORDERED that the branch of the motion by the respondent which is to strike stated portions of the record and appellants' brief is granted, pages 42 through 81, 85, and 90 through 129 of the record is stricken, and the appellants' brief is stricken, and on or before August 26, 2024, 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 respondent's brief is granted, and on or before September 25, 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.
BRATHWAITE NELSON, J.P., CHRISTOPHER, GENOVESI and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court