| Lockamy v Severino |
| Motion No: 2022-08904 |
| Slip Opinion No: 2024 NY Slip Op 72871(U) |
| Decided on August 19, 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
M298612
KS/
FRANCESCA E. CONNOLLY, J.P.
JOSEPH J. MALTESE
DEBORAH A. DOWLING
LOURDES M. VENTURA, JJ.
|
2022-08904 Amani Lockamy, appellant, v William Severino, et al., respondents, et al., defendant. (Index No. 512911/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated September 27, 2022. Motion by the appellant, in effect, to enlarge the record to include certain material, to strike stated portions of the respondents' brief, inter alia, on the ground that they refer to matters dehors the record, and for an extension of time to serve and file a reply brief. Cross-motion by the respondents, in effect, to enlarge the record and for leave to file a replacement brief.
Upon the papers filed in support of the motion and the cross-motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to strike stated portions of the respondents' brief is granted to the extent that paragraph numbers 9 and 10, footnote 3, footnote 4, and the material on page 10 beginning with the words "The simple fact" and ending with the words "no-fault records" are stricken, and on or before September 19, 2024, the respondents shall serve and file, via NYSCEF, a replacement brief that does not contain the stricken material and is in all other respects the same as the brief previously filed, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, and on or before September 30, 2024, the appellant shall serve and file a reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the motion and cross-motion are otherwise denied.
CONNOLLY, J.P., MALTESE, DOWLING and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court