Appellate Division: Second Judicial Department

M311363

ID/

BETSY BARROS, J.P.

LILLIAN WAN

JAMES P. MCCORMACK

PHILLIP HOM, JJ.

2024-07836 Steven M. Del Vecchio, appellant, v Claire Gangi, et al., respondents. (Index No. 611263/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated April 8, 2024. Motion by the respondents to dismiss the appeal on the ground that the reply brief refers to matter dehors the record or, in the alternative, to strike stated portions of the reply 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 dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the reply brief is granted to the extent that the material on page 10 beginning with the words, "At the time," and ending on page 12 with the words, "case without it," and the material on page 13 beginning with the words, "The failure to," and ending with the words "sanctionable, frivolous conduct," are stricken, and on or before March 23, 2026, the appellant shall serve and file a replacement reply brief that does not contain the stricken material and is in all other respects the same as the reply brief previously filed via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement reply brief and upload digital copies of the replacement brief, with proof of service thereof, through the digital portal on this Court's website, and that branch of the motion is otherwise denied.

BARROS, J.P., WAN, MCCORMACK and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court