| Zhang v Jun Wei Inc. |
| Motion No: 2024-05099 |
| Slip Opinion No: 2025 NY Slip Op 80603(U) |
| Decided on November 14, 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
M309351
AFA/
COLLEEN D. DUFFY, J.P.
DEBORAH A. DOWLING
BARRY E. WARHIT
SUSAN QUIRK, JJ.
|
2024-05099 Wen Zhang, respondent, v Jun Wei Inc., etc., et al., appellants. (Index No. 54019/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated January 23, 2024. Motion by the respondent to strike stated portions of the appendix and appellants' brief on the ground that they contain and refer to matter dehors the record. Cross-motion by the appellants to enlarge the appendix to include certain material. Application by the respondent 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 and in relation thereto, upon the papers filed in support of the cross-motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, the appellants' brief and pages 15 through 23 of the appendix are stricken, and on or before December 15, 2025, the appellants shall serve and file a replacement appendix that does not contain the stricken material, 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 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 cross-motion is denied; and it is further,
ORDERED that the application is granted, and on or before January 15, 2026, 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., DOWLING, WARHIT and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court