Appellate Division: Second Judicial Department

M303345

AFA/

BETSY BARROS, J.P.

LILLIAN WAN

DONNA-MARIE E. GOLIA

JAMES P. MCCORMACK, JJ.

2022-02702 Heleen Mees, appellant, v Willem H. Buiter, respondent. (Index No. 9579/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated March 3, 2022. Motion by the appellant to strike stated portions of the respondent's brief and the respondent's appendix on the ground that they refer to and contain 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 stated portions of the respondent's brief is held in abeyance and referred to the panel of Justices hearing the 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 serve and file a reply brief is granted, and on or before March 24, 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; and it is further,

ORDERED that the motion is otherwise denied.

BARROS, J.P., WAN, GOLIA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court