Appellate Division: Second Judicial Department

M307586

AFA/

VALERIE BRATHWAITE NELSON, J.P.

DONNA-MARIE E. GOLIA

PHILLIP HOM

SUSAN QUIRK, JJ.

2024-13341 Delajon Realty Corp., appellant, v I & D Glatt 2, Inc., et al., respondents. (Index No. 615876/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated November 1, 2024. Motion by the respondents, inter alia, to strike the appellant's brief on the ground that it refers to matter dehors the record or, in the alternative, 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 strike the appellant's brief is granted to the extent that the material on page 8 beginning with the words "The Guarantor-Respondent never" and ending on page 9 with the words "against the Guarantor-Respondent", are stricken and on or before September 29, 2025, the appellant 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 brief is granted, and on or before October 29, 2025, the respondents shall serve and file the 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; and it is further,

ORDERED that the motion is otherwise denied.

BRATHWAITE NELSON, J.P., GOLIA, HOM and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court