Appellate Division: Second Judicial Department

M303552

AFA/

HECTOR D. LASALLE, P.J.

WILLIAM G. FORD

HELEN VOUTSINAS

CARL J. LANDICINO, JJ.

2023-12543 Miguel Gomez, respondent, v NA Broadway Realty, LLC, et al., appellants. (Index No. 713287/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated December 7, 2023. Motion by the respondent to strike stated portions of the appellants' brief on the ground that they 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 stated portions of the appellants' brief is granted, the material on pages 2 through 3 beginning with the words "The Supreme Court's" and ending with "in fraudulent lawsuits," Point I.C. of the brief appearing on pages 28 through 32, and the material on page 36 beginning with the words "The court should" and ending with "the instant case," are stricken, and on or before April 14, 2025, the appellants shall serve and file, via NYSCEF, a replacement brief that does not contain the stricken material and is in all other respects the same as the brief previously filed; 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 May 14, 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.

LASALLE, P.J., FORD, VOUTSINAS and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court