Opinion
2021-01921 2021-01922 Index 611956/2018
08-02-2021
Deutsche Bank National Trust Company, etc., respondent, v. Barbara R. Kavovit, etc., appellant, et al., defendants.
M278479 E/sl
SYLVIA O. HINDS-RADIX, J.P. FRANCESCA E. CONNOLLY LARA J. GENOVESI WILLIAM G. FORD, JJ.
DECISION & ORDER ON MOTION
Appeals from two orders of the Supreme Court, Suffolk County, both dated December 24, 2020. Motion by the respondent, inter alia, to strike the appellant's appendix and the appellant's brief on the ground that they contain or 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 appellant's appendix and the appellant's brief is granted, and on or before September 1, 2021, the appellant shall serve and file, via NYSCEF, a replacement appellant's appendix which does not contain the papers filed in connection with the appellant's motion to dismiss the complaint and a replacement appellant's brief which does not refer to that motion; and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a brief is denied as premature; and it is further, ORDERED that the motion is otherwise denied.
HINDS-RADIX, JP, CONNOLLY, GENOVESI and FORD, JJ, concur