Appellate Division: Second Judicial Department

M309349

AFA/

COLLEEN D. DUFFY, J.P.

DEBORAH A. DOWLING

BARRY E. WARHIT

SUSAN QUIRK, JJ.

2024-12535, 2025-00245 VK Dental Group, Inc., respondent, v Tender Touch Physical Therapy, P.L.L.C., et al., appellants. (Index No. 513787/2022)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated October 21, 2024, and a judgment of the same court dated November 21, 2024. Motion by the respondent to strike stated portions of the record and appellants' brief on the ground that they contain and refer to matter dehors the record. Cross-motion by the appellants to enlarge the record to include certain material.

Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is

ORDERED that the motion and the cross-motion are granted to the extent that pages 301 through 337 of the record and the appellants' brief are stricken, and on or before December 15, 2025, the appellants shall serve and file a replacement record that does not contain the stricken material, and that contains the transcript of the proceedings that occurred on October 21, 2024, and a replacement brief that does not refer to the stricken materials, but which are in all other respects the same as the record and the brief previously filed via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement record and brief and upload digital copies of the replacement record and brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the cross-motion is otherwise denied.

DUFFY, J.P., DOWLING, WARHIT and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court