Appellate Division: Second Judicial Department

M301432

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

LILLIAN WAN

PHILLIP HOM, JJ.

2022-09302, 2023-06032 Joan Hansen, respondent, v Rachel Miller, et al., appellants, et al., defendant. (Appeal No. 1) Joan Hansen, respondent-appellant, v Rachel Miller, et al., appellants-respondents, et al., defendant. (Appeal No. 2) (Index No. 606720/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated September 26, 2022, and appeal and cross-appeal from an order of the same court dated April 19, 2023. Motion by the respondent-appellant to strike stated portions of the appellants-respondents' reply brief on the ground that they refer to matter dehors the record or, in the alternative, for leave to file a sur-reply brief and to extend the time to file a reply brief on the cross-appeal.

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 for leave to file a sur-reply brief is denied; and it is further,

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

ORDERED that the branch of the motion which is to extend the time to file a reply brief on the cross-appeal is granted, and on or before December 23, 2024, the respondent-appellant shall serve and file the reply brief on the cross-appeal via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief on the cross-appeal and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., MILLER, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court