Appellate Division: Second Judicial Department

M304442

AFA/

VALERIE BRATHWAITE NELSON, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

PHILLIP HOM, JJ.

2024-04355 YLD Chai LLC, respondent, v Augustine Langaigne, appellant, et al., defendant. (Index No. 518888/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated January 17, 2024. Motion by the appellant to strike stated portions of the respondent's brief on the ground that they refer to 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 granted, the sentence beginning on page 11 of the respondent's brief with the words, "In fact" and ending on page 12 with the words, "on March 5, 2025," is stricken, and on or before May 19, 2025, the respondent shall serve and file a replacement brief that does not contain the stricken material and is in all other respects the same as the brief previously filed via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and upload digital copies of the replacement brief, with proof of service thereof, through the digital portal on this Court's website; 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 June 9, 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.

BRATHWAITE NELSON, J.P., DOWLING, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court