Appellate Division: Second Judicial Department

M302225

AFA/

CHERYL E. CHAMBERS, J.P.

WILLIAM G. FORD

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2023-12169 In the Matter of Shoshannah Chouake, Deceased. Sheldon Krause, petitioner-respondent; Benjamin Chouake, respondent-appellant. (File No. 2212/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Surrogate's Court, Queens County, dated August 22, 2023. Motion by the petitioner-respondent to strike stated portions of the record on the ground that they contain matter dehors the record, in effect, to compel the respondent-appellant to serve and file a supplemental record containing certain material, and for an award of costs and fees.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to strike stated portions of the record and, in effect, to compel the respondent-appellant to serve and file a supplemental record containing certain material are granted to the extent that pages 620 through 652 and pages 1103 through 1141 of the record are stricken, and on or before February 21, 2025, the appellant shall serve and file, via NYSCEF, a replacement record that does not contain the stricken material and that contains the papers filed in support of and in opposition to the motion by the petitioner-respondent to impose a sanction upon the respondent-appellant, and that is in all other respects the same as the record previously filed; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., FORD, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court