Appellate Division: Second Judicial Department

M301634

AFA/

CHERYL E. CHAMBERS, J.P.

LINDA CHRISTOPHER

LAURENCE L. LOVE

PHILLIP HOM, JJ.

2024-00129 Lendora, appellant, v B.E.A.M. Solutions, LLC, et al., respondents. (Index No. 519783/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated December 18, 2023. Motion by the respondents, inter alia, to strike stated portions of the appellant's brief and the appendix on the ground that the brief refers to matter dehors the record, 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 appellant's brief and appendix is granted to the extent that the material on page 4 of the brief beginning with the words "since the time" and ending on page 5 with the words "in controversy", footnote 1, and the material on page 9 beginning "finally, it should be" and ending on page 10 with the words "dismissal motions" are stricken, and on or before January 22, 2025, the appellant shall serve and file, via NYSCEF, a replacement brief and appendix that does not contain the stricken material and is in other respects the same as the brief and appendix 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 February 21, 2025, the respondents shall serve and file the respondents' 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; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., CHRISTOPHER, LOVE and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court