Powercap Partners LLC v Beaux Equities LLC
Motion No: 2021-09612
Slip Opinion No: 2025 NY Slip Op 65705(U)
Decided on March 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M303890

AFA/

LARA J. GENOVESI, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

JAMES P. MCCORMACK, JJ.

2021-09612

Powercap Partners LLC, plaintiff, v Beaux

Equities LLC, et al., defendants-appellants,

Shorivger Trust., et al., defendants-respondents,

et al., defendant.

(Index No. 524411/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated December 2, 2021. Motion by the appellants to strike the respondents' appendix and stated portions of the respondents' brief on the grounds that they contain and refer to matter dehors the record and the respondents' appendix is inadequate, to compel the respondents to serve and file a replacement respondents' appendix and brief, 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 the respondents' appendix and stated portions of the respondents' brief is granted to the extent that pages SA623 through SA624 of the respondents' appendix, and the respondents' brief, are stricken, and on or before April 28, 2025, the respondents shall serve and file, via NYSCEF, a replacement respondents' appendix that does not contain the stricken material and contains page headings in compliance with CPLR 5529(c) and a replacement respondents' brief that does not refer to the stricken material and contains appropriate page citations to the replacement respondents' appendix, but which are in all other respects the same as the respondents' appendix and brief previously filed, and that branch of the motion is otherwise denied; 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, the appellants' time to serve and file a reply brief is extended, and on or before May 8, 2025, the appellants 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.

GENOVESI, J.P., MILLER, DOWLING and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court