| Anonymous v Packer |
| Motion No: 2022-07580 |
| Slip Opinion No: 2025 NY Slip Op 61104(U) |
| Decided on January 22, 2025 |
| 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
M302313
AFA/
ROBERT J. MILLER, J.P.
DEBORAH A. DOWLING
LILLIAN WAN
DONNA-MARIE E. GOLIA, JJ.
|
2022-07580 Anonymous, appellant, v Leslie E. Packer, respondent. (Index No. 605245/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated August 18, 2022. Motion by the appellant for leave to append certain material to the appellant's brief or, in effect, to enlarge the record to include certain material. Cross-motion by the respondent to dismiss the appeal or, in the alternative, to strike the record and appellant's brief on the ground that they contain and refer 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, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion by the appellant is denied; and it is further,
ORDERED that the branches of the cross-motion which are to dismiss the appeal or, in the alternative, to strike the record and appellant's brief are granted to the extent that pages 114 through 131 of the record and the appellant's brief are stricken, and on or before February 21, 2025, the appellant shall serve and file, via NYSCEF, a replacement record and a replacement appellant's brief that do not contain or refer to the stricken material and which are in all other respects the same as the record and appellant's brief previously filed website, and those branches of the motion are otherwise denied; and it is further,
ORDERED that the branch of the cross-motion which is to extend the time to serve and file a brief is granted, and on or before March 24, 2025, 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.
MILLER, J.P., DOWLING, WAN and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court