Appellate Division: Second Judicial Department

M301851

AFA/

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

CARL J. LANDICINO, JJ.

2024-03026 Kathleen A. Ellis, respondent, v Elizabeth Byrne, et al., appellants, et al., defendants. (Index No. 64659/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated March 19, 2024. Motion by the respondent to strike stated portions of the appellants' brief and appendix, inter alia, on the ground that they contain and refer to matter dehors the record, and 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 thereto, it is

ORDERED that the branch of the motion which is to strike the appellants' brief is denied; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the appellant's appendix is granted to the extent that pages vii, A114, and A2983 of the appendix are stricken, and on or before February 5, 2025, the appellants shall serve and file, via NYSCEF, a replacement appendix replacing page A114 with the first page of the appellants' answer and replacing the description of the cross-motion on pages vii and A2983 with "Plaintiff's Notice of Cross Motion," and which is in all other respects the same as the appendix previously filed, and that branch of the motion is otherwise denied; 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 March 7, 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.

CONNOLLY, J.P., MILLER, DOWLING and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court