Appellate Division: Second Judicial Department

M303798

AFA/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

BARRY E. WARHIT

LOURDES M. VENTURA, JJ.

2023-08152 Kimberly Houghton, et al., appellants, v John Piperaro, et al., respondents. (Index No. 31093/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated July 24, 2023.

Motion by the appellants to enlarge the record to include certain material. Motion by the respondent John Piperaro to strike stated portions of the record and the appellants' brief on the ground that they contain and refer to matter dehors the record. Motion by the respondent Horizon Land Management LLC to strike stated portions of the record on the ground that it contains matter dehors the record. Motion by the respondent John Piperaro to extend the time to serve and file a brief. Motion by the respondent Hoizon Land Management LLC to extend the time to serve and file a brief.

Upon the papers filed in support of the motion by the appellants and the motions by respondents to strike stated portions of the record and brief and the papers filed in opposition thereto, and upon the papers filed in support of the motions by respondents to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the appellants is denied; and it is further,

ORDERED that the motions by respondents John Piperaro and Horizon Land Management LLC to strike stated portions of the appellant's record and brief are granted to the extent that pages 712 through 752 of the record, the sentence on page 7 of the appellants' brief beginning with the words, "In her AFFIDAVIT," and ending with the words, "her landlord/tenant attorney," the paragraph on page 15 of the appellants' brief beginning with the words, "As mentioned in Ms. Houghton's AFFIDAVIT," and ending with the words, "contributed to the delays," the paragraph on page 17 of the appellant's brief beginning with the words, "As noted in the AFFIDAVIT," and ending with the words, "within two weeks," the sentence on page 20 of the appellants' brief beginning with the words, "Ms. Houghton's AFFIDAVIT," and ending with the words, "willful misconduct," the sentence on page 20 of the appellants' brief beginning with the words, "In the AFFIDAVIT," and ending with the words, "within two weeks," the sentence on page 22 of the appellants' brief beginning with the words, "As outlined in the AFFIDAVIT," and ending with the words, "remedy the issue," the sentence beginning on page 32 of the appellants' brief beginning with the words, "An AFFIDAVIT," and ending on page 33 of the appellants' brief with the words, "withhold documents," and the sentence on page 38 of the appellants' brief beginning with the words, "An AFFIDAVIT," and ending with the words, "was not willful," are stricken and on or before April 24, 2025, the appellants shall serve and file, via NYSCEF, a replacement record and brief that do not contain the stricken material and are in all other respects the same as the brief and record previously filed, and those motions are otherwise denied; and it is further,

ORDERED that the motions by the respondents John Piperaro and Horizon Land Management LLC to extend the time to serve and file a brief are granted, and on or before April 24, 2025, the respondents John Piperaro and Horizon Land Management LLC shall serve and file their respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the briefs and upload a digital copy of the briefs, with proof of service thereof, through the digital portal on this Court's website.

BRATHWAITE NELSON, J.P., WOOTEN, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court