Appellate Division: Second Judicial Department

M306924

AFA/

COLLEEN D. DUFFY, J.P.

LARA J. GENOVESI

LOURDES M. VENTURA

JAMES P. MCCORMACK, JJ.

2024-09925, 2024-09926 Jane Doe, appellant, v Yocheved Garfinkel, et al., defendants, Shma Camps, LLC, etc., respondent. (Index No. 520442/2021)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated August 23, 2024, and an amended order of the same court dated September 23, 2024. Motion by the appellant, in effect, to enlarge the record to include certain material or, in the alternative, for this Court to take judicial notice of that material. Motion by the respondent to strike stated portions of the appellant's brief on the ground that it refers to matter dehors the record. Application by the respondent to extend the time to serve and file a brief.

Upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the respondent and the application and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the motion by the respondent is granted, the paragraph on page 4 beginning with the words, "After filing the Summons and Complaint," and ending with the words, "beneficial to both parties," and all of the material on page 10 of the appellant's brief, are stricken, and on or before August 29, 2025, the appellant shall serve and file a replacement brief that does not contain the stricken material and is in 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 application by the respondent is granted, and on or before September 29, 2025, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., GENOVESI, VENTURA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court