Appellate Division: Second Judicial Department

M308734

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

ELENA GOLDBERG VELAZQUEZ, JJ.

2024-07723 Antoinette Iemma, etc., respondent, v Joseph Gravagna, appellant. (Index No. 1339/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated July 3, 2024.

Motion by the respondent to dismiss the appeal on the ground that the appendix is inadequate or, in the alternative, to strike stated portions of the appendix and the appellant's brief on the ground that they contain and refer to matter dehors the record or, in the alternative, to direct the appellant to serve and file a replacement appendix and appellant's brief, to enlarge the record to include certain material, to impose a sanction upon the appellant for failure to file a proper appendix, and to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to strike stated portions of the appendix and the appellant's brief is granted to the extent that pages A204 through A280 of the appendix and the appellant's brief are stricken, and on or before November 19, 2025, the appellant shall serve and file a replacement appendix that does not contain the stricken material, and that contains the transcript of the proceedings that occurred on February 20, 2024, and a replacement brief that does not refer to the stricken material, but which are in all other respects the same as the appendix and the brief previously filed via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement appendix and brief and upload digital copies of the replacement appendix and 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 December 19, 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; and it is further,

ORDERED that the branch of the motion to enlarge the record to include certain material is denied as unnecessary; and it is further,

ORDERED that the motion is otherwise denied.

CONNOLLY, J.P., CHAMBERS, VOUTSINAS and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court