| Abdelrahman v Stop & Shop Supermarket Company, LLC |
| Motion No: 2023-11080 |
| Slip Opinion No: 2025 NY Slip Op 74162(U) |
| Decided on August 11, 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. |
Appellate Division: Second Judicial Department
M307168
AFA/
VALERIE BRATHWAITE NELSON, J.P.
CARL J. LANDICINO
JAMES P. MCCORMACK
PHILLIP HOM, JJ.
|
2023-11080 Salah F. Abdelrahman, appellant, v Stop & Shop Supermarket Company, LLC, et al., respondents. (Index No. 508351/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated September 19, 2023. Motion by the respondents Stop & Shop Supermarket Company, LLC and Cross Path Realty, inter alia, to dismiss the appeal on the ground that the record and the appellant's brief contain and refer to matter dehors the record, or, in the alternative, in effect, to strike stated portions of the record and the appellant's brief, and to extend the time to serve and file a 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 dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is, in effect, to strike stated portions of the record and the appellant's brief is granted to the extent that pages 1031 through 1364 of the record and the appellant's brief are stricken, and on or before September 10, 2025, the appellant shall serve and file a replacement record which does not contain the stricken material and a replacement appellant's brief that does not refer to the stricken material, but which are in all other respects the same as the record and the appellant's brief previously filed, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement record and brief and upload a digital copy of the replacement record and brief, with proof of service thereof, through the digital portal on this Court's website, 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 brief is granted, and on or before October 10, 2025, the respondents Stop & Shop Supermarket Company, LLC and Cross Path Realty shall serve and file their respondents' 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.
BRATHWAITE NELSON, J.P., LANDICINO, MCCORMACK and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court