Appellate Division: Second Judicial Department

M299117

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

LINDA CHRISTOPHER

LAURENCE L. LOVE, JJ.

2023-11152 Tamar Kurtanidze, appellant, v Salvatore Fasino, respondent. (Index No. 521493/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated July 19, 2023. Motion by the respondent to strike stated portions of the record on the ground that they contain an inaccurate reproduction of certain papers filed before the Supreme Court, Kings County, in connection with the motion that was determined by the order dated July 19, 2023, 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 branch of the motion which is to strike stated portions of the record is granted, pages 309 and 310 of the record are stricken, and on or before October 11, 2024, the appellant shall serve and file, via NYSCEF, a replacement record that does not contain the stricken material, that contains an accurate reproduction of the so-ordered stipulation dated May 2, 2023 (see 22 NYCRR 1250.7[a]), and that is in all other respects the same as the record previously filed; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before November 12, 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., MALTESE, CHRISTOPHER and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court