Appellate Division: Second Judicial Department

M300894

AFA/

MARK C. DILLON, J.P.

BARRY E. WARHIT

LOURDES M. VENTURA

DONNA-MARIE E. GOLIA, JJ.

2023-06371 Cara A. Baugh, respondent, v Seagull 27, LLC, et al., defendants; Hercules Pharmaceuticals, Inc., nonparty-appellant. (Index No. 612764/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated April 18, 2023. Motion by the respondent, inter alia, 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.

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 to the extent that pages 478-484 of the record are stricken, and on or before December 23, 2024, the appellant shall serve and file a replacement record that does not contain the stricken material and is in all other respects the same as the record previously filed via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the replacement record and upload a digital copy of the replacement record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the appellant's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., WARHIT, VENTURA and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court