| Mayancela v 233 West 125th Street Danforth, LLC |
| Motion No: 2023-09550 |
| Slip Opinion No: 2024 NY Slip Op 80304(U) |
| Decided on December 16, 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
M301484
AFA/
VALERIE BRATHWAITE NELSON, J.P.
LARA J. GENOVESI
HELEN VOUTSINAS
DONNA-MARIE E. GOLIA, JJ.
|
2023-09550 Cesar Mayancela, appellant, v 233 West 125th Street Danforth, LLC, et al., respondents (and a third-party action). (Index No. 718737/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated August 3, 2023. Motion by the appellant to strike the brief of the respondents 233 West 125th Street Danforth, LLC, Harlem Urban Development Corporation, and New York State Urban Development Corporation on the ground that it refers to matter dehors the record and to extend the time to serve and file a reply 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 the brief of the respondents 233 West 125th Street Danforth, LLC, Harlem Urban Development Corporation, and New York State Urban Development Corporation is granted to the extent that the portion of Point II consisting of the words "200" and "241(6)," and Points III and V of the brief are stricken, and on or before January 15, 2025, the respondents 233 West 125th Street Danforth, LLC, Harlem Urban Development Corporation, and New York State Urban Development Corporation 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 February 14, 2025, the appellant shall serve and file the 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.
BRATHWAITE NELSON, J.P., GENOVESI, VOUTSINAS and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court