Appellate Division: Second Judicial Department

M310434

ECQ/

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

On the Court's own motion, it is

ORDERED the decision and order on motion of this Court dated November 14, 2025, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

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 and to extend the time to serve and file a brief. 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 branch of motion which is to strike stated portions of the record and appellants' brief and the branch of the cross-motion which is to enlarge the record to include certain material are granted to the extent that pages 301 through 337 of the record and the appellants' brief are stricken, and on or before January 2, 2026, 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 branch of the motion which is to extend the time to serve and file a respondent's brief is granted, and on or before February 2, 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; 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